Budapest Notification No. 72
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of Australia Relating to the Acquisition of the Status of International Depositary Authority by the Australian Government Analytical Laboratories (AGAL)

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him of the receipt, on July 14, 1988, of a written communication, dated July 12, 1988, from the Government of Australia, relating to the Australian Government Analytical Laboratories (AGAL), indicating that the said depositary institution is located on the territory of Australia and including a declaration of assurances to the effect that the said institution complies and will continue to comply with the requirements concerning the acquisition of the status of international depositary authority as specified in Article 6(2) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980.

The Australian Government Analytical Laboratories will acquire the status of international depositary authority under the Budapest Treaty as from September 30, 1988, the date of publication of the said communication in the September 1988 issue of Industrial Property/La Propriété industrielle.

August 15, 1988

Text of the Written Communication of the Government of Australia, dated July 12, 1988, Relating to the Australian Government Analytical Laboratories (AGAL)


I have the honour to refer to the Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977 and to advise that in accordance with the provisions of Article 7 of that Treaty the Government of Australia nominates the Australian Government Analytical Laboratories (AGAL) as an International Depositary Authority (IDA). The Government of Australia furnishes its assurances that AGAL complies with and will continue to comply with requirements specified in Article 6 (2) of the said Treaty.

AGAL is part of the Commonwealth Department of Administrative Services and has had a continuous existence, having been established in 1901 at the time of the Federation of Australia.

The New South Wales Regional Laboratory, located at 1 Suakin Street, Pymble, N.S.W., 2073, Australia, through which AGAL intends to discharge its responsibilities as an IDA, contains a suite of laboratories specifically designed and built to allow microbiological work of the highest standard to be performed. In addition, a staff of two has been assigned to fulfil the various specialised scientific services required to ensure that deposits are maintained viable and uncontaminated. It is also intended that a Scientific Advisory Committee, including the Senior Microbiologist responsible for the Collection, will report to the Australian Government Analyst on the operation of AGAL as an IDA.

As a scientific institution AGAL necessarily performs and will continue to perform its functions in an impartial and objective manner.

For the purposes of deposit, AGAL will be available to any depositor under the same conditions.

AGAL will accept for deposit bacteria (including actinomycetes), yeasts and fungi, other than known human and animal pathogens, that can be preserved without significant change to their properties by the methods of preservation in use. (These are currently freezing and freeze drying.) Microorganisms accepted for deposit by AGAL will be examined for viability and stored as prescribed in the regulations. AGAL will not at this time accept for deposit animal, plant, algal and protozoal cultures, cultures of viral rickettsial and chlamidial agents, microorganisms prohibited by Australian law, or fastidious microorganisms which may require, in the view of the curator, special attention to handling and preparation for storage.

AGAL will, in accordance with the Regulations of the Treaty, issue to the depositor a receipt and any required viability statement.

Patent cultures will be stored in a locked refrigerator and will be subject to regular audit. Only authorised staff will have access to them. AGAL will comply with the secrecy requirements prescribed in the Regulations.

AGAL will also furnish samples of deposited microorganisms under the conditions and in conformity with the procedures prescribed in the regulations.

In accordance with Rule 6.3(a) of the Regulations, AGAL requires before it will accept cell lines for deposit:

(i) that a deposit of cell lines should be in an appropriate form and adequate quantity to enable AGAL to carry out properly its duties under the Regulations;

(ii) that the written statement referred to in Rule 6.1(a) or 6.2(a) be drafted in English;

(iii) that the fee for storage referred to in Rule 12.1(a)(i) be paid; and

(iv) that the depositor complete an Application Form for the purposes of the administrative procedures of AGAL.

The fees that AGAL will, should it acquire the status of an IDA, charge for storage, viability statements and furnishing of samples of microorganisms are set out below:

(The fees, in Australian dollars, will be payable to the Australian Government Analytical Laboratories and will be reviewed annually)

For the storage of the cell line in accordance with the Treaty $750
For the issue of a Viability Statement in those cases in which, in accordance with Rule 10.2, a fee may be charged $90
For the furnishing of a sample in accordance with Rules 11.2 and 11.3 $60

The official language of AGAL is English.