Key Benefits:
1515 OF 2012
(February 6)
Official Journal No. 48.335 of 6 February 2012
CONGRESS OF THE REPUBLIC
By means of which the "Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure" is approved, established in Budapest on 28 April 1977 and amended on 26 September 1980 and its 'Rules of Procedure', adopted on 28 April 1977 and amended on 20 January 1981 and 1 October 2002.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure", established in Budapest on 28 April 1977 and amended on 26 June 1977. September 1980 and its "Rules of Procedure" adopted on 28 April 1977 and amended on 20 January 1981 and 1 October 2002.
(To be Transcrites: attached photocopy of the full text of the mentioned International Instruments)
BUDAPEST TREATY ON INTERNATIONAL RECOGNITION OF THE DEPOSIT OF MICROORGANISMS FOR THE PURPOSES OF THE PATENT PROCEDURE
Established in Budapest on April 28, 1977 and amended on September 26, 1980
Preliminary Provisions
Article 1: Constitution of a Union
Article 2: Definitions
Chapter First: Substantive Provisions
Article 3: Recognition and effects of the micro-organism repository
Article 4: New Repository
Article 5: Restrictions on export and import
Article 6: International Deposit Authority Status
Article 7: Acquisition of International Deposit Authority Status
Article 8: Cese and limitation of international deposit authority status
Article 9: Industrial property intergovernmental organizations
CHAPTER II: Administrative Provisions
Article 10: Assembly
Article 11: International Bureau
Article 12: Regulation
CHAPTER III: Review and Modification
Article 13: Treaty review
Article 14: Modifying certain provisions of the Treaty
CHAPTER IV: End Clauses
Article 15: Procedure to be a part of the Treaty
Article 16: Treaty entry into force
Article 17: Treaty Reporting
Article 18: Treaty signature and languages
Article 19: Treaty repository; copy transmission; Treaty registration
Article 20: Notifications
ARTICLE 1. CONSTITUTION OF A UNION
The States party to this Treaty (hereinafter referred to as "the Contracting States") constitute Union for the international recognition of the deposit of micro-organisms for the purposes of the patent procedure.
For the purposes of this Treaty and its Rules of Procedure:
i) any reference to a "patent" as a reference to invention patents, inventor's certificates, utility certificates, utility models, patents or certificates of addition, certificates of addition inventor and utility certificates of addition;
(ii) by "deposit of a micro-organism", and in the context in which these words appear, the following acts fulfilled in accordance with this Treaty and its Regulation: the transmission of a micro-organism to an international authority of the deposit, which receives and accepts it, or the preservation of such a micro-organism by the international deposit authority, or the transmission and conservation at the same time;
(iii) by "patent procedure" means any administrative or judicial proceeding relating to a patent application or a patent;
(iv) by "publication for the purposes of the patent procedure", the official publication, or the making available to the public officially for inspection, of a patent application or a patent;
v) by an "intergovernmental industrial property organization" an organization that has filed a declaration under Article 9.1);
vi) by "office of industrial property" an authority of a Contracting State or an intergovernmental organization of industrial property, which are competent for the granting of patents;
vii) by "deposit institution" means an institution responsible for the reception, acceptance and conservation of micro-organisms and for the delivery of samples of micro-organisms;
viii) by "international deposit authority" means a deposit institution that has acquired the status of international deposit authority, in accordance with the provisions of Article 7;
ix) by "depositor" means the natural or legal person who transmits a micro-organism to an international deposit authority, which receives and accepts it, as well as any causation of the person concerned;
x) by "Union" the Union mentioned in Article 1;
xi) by "Assembly" the Assembly provided for in Article 10;
xii) by "Organization" the World Intellectual Property Organization;
xiii) by "International Bureau" the International Bureau of the Organization and, as long as they exist, the United International Offices for the Protection of Intellectual Property (BIRPI);
xiv) by "Director General" the Director General of the Organization;
xv) by "Regulation" the Regulation provided for in Article 12.
SUSTIANSA PROVISIONS.
ARTICLE 3. RECOGNITION AND EFFECTS OF THE MICRO-ORGANISM REPOSITORY
1)
a) Contracting States which permit or require the deposit of micro-organisms for the purposes of the patent procedure shall, for the purposes of this procedure, recognise the deposit of a micro-organism to an international deposit authority. This recognition includes the fact and date of the deposit, as indicated by the international deposit authority, as well as the recognition that what is delivered in sample quality is a sample of the microorganism deposited.
b) Any Contracting State may require a copy of the receipt of the deposit provided for in paragraph (a) issued by the international depositary authority.
2) With regard to matters governed by this Treaty and its Rules of Procedure, no Contracting State may require that different or additional requirements are met in the Treaty and Regulation.
1)
a) When for any reason the international deposit authority cannot deliver samples from the deposited micro-organism, and in particular:
i) when the microorganism is no longer viable, or
(ii) where the delivery of samples would require their dispatch abroad and this consignment or receipt of the samples abroad would be prevented by export or import restrictions, this authority shall notify the depositor, in the the shortest possible time after having checked this impediment, which is unable to deliver the samples, indicating the reasons for it; without prejudice to paragraph 2) and in accordance with the provisions of this paragraph, the the depositor will have the right to make a new deposit of the micro-organism initial deposit.
b) The new deposit shall be made to the same international deposit authority as the initial deposit has been made; however,
(i) shall be made to another international deposit authority if the institution in which the initial deposit was made has ceased to have the status of international deposit authority, both in its entirety and in respect of the type of the micro-organism to which the deposit belongs, or if the international deposit authority to which the initial deposit was made interrupts the exercise of its functions, temporarily or definitively, with respect to the micro-organisms deposited;
(ii) may be made to another international deposit authority in the case provided for in paragraph (a) (ii).
c) Any new deposit must be accompanied by a declaration signed by the depositor, stating that the micro-organism which is the subject of the new deposit is the same as the one that was the subject of the initial deposit. If the depositor's claim is contested, the burden of proof shall be governed by the applicable law.
d) Without prejudice to paragraphs a) to c) and e), the new deposit will be treated as if it was made on the date of the initial deposit, if all the above statements on the viability of the micro-organism subject to the initial deposit have indicated that the micro-organism was viable and whether the new deposit has been made within three months of the date of in which the depositor received the notification provided for in paragraph a) .
e) When paragraph b)i is applicable, and the depositor has not received the notification provided for in paragraph a) within 6 months of the date on which the cessation, limitation or interruption of the exercise of the functions provided for in paragraph (b)(i) has been published by the International Bureau, the three-month period laid down in paragraph d) will be calculated from the date of this publication.
2) When the deposited micro-organism has been transferred to another international deposit authority, the right provided for in paragraph 1)toshall not exist as long as this authority is in a position to deliver samples of that micro-organism.
ARTICLE 5. EXPORT AND IMPORT RESTRICTIONS
Each Contracting State recognizes the great interest that, if there are restrictions on the export from its territory or the import to the same of certain types of micro-organisms, and to the extent that such restriction does not apply to micro-organisms which are deposited or intended to be deposited pursuant to this Treaty, more than in the case where such restriction is necessary in the light of national security or health or environmental risks.
ARTICLE 6. STATUS OF INTERNATIONAL DEPOSIT AUTHORITY
1) In order to be entitled to the status of an international deposit authority, a deposit institution must be domiciled in the territory of a Contracting State and enjoy security, provided by that State, according to which it is The institution meets and will continue to meet the conditions listed in paragraph 2.
These securities may also be provided by an intergovernmental industrial property organisation; in this case, the deposit institution must be domiciled in the territory of a Member State of that organisation.
2) As an international deposit authority, the deposit institution must:
i) have permanent existence;
(ii) to possess, in accordance with the Regulation, the personnel and facilities necessary for the performance of the scientific and administrative functions that correspond to it under this Treaty;
iii) be impartial and objective;
(iv) be at the disposal of any depositor, under the same conditions, for the purposes of the deposit;
v) accept in deposit micro-organisms of all types or some of them, examine their viability and retain them, in accordance with the Regulation;
vi) issue a receipt to the depositor, as well as any statement required on its feasibility, in accordance with the Regulation;
vii) to observe the secrecy with respect to the deposited micro-organisms, in accordance with the Regulation;
viii) to deliver samples of any microorganism deposited, under the conditions and in accordance with the procedure prescribed in the Regulation.
3) The Regulation shall establish the measures to be taken:
(i) where an international depot authority interrupts the exercise of its functions, temporarily or definitively, with respect to the micro-organisms deposited or refuses to accept types of micro-organisms which it should accept under the collateral provided;
(ii) in the event of termination or limitation of the status of an international deposit authority of an international depositary authority.
ARTICLE 7. ACQUISITION OF THE STATUS OF INTERNATIONAL DEPOSIT AUTHORITY
1)
a) A deposit institution acquires the status of an international deposit authority by virtue of a written communication addressed to the Director General by the Contracting State in whose territory the deposit institution, and which must include a comprehensive statement of assurances that the institution meets and will continue to meet the conditions listed in Article 6(2). Such a statute may also be acquired by virtue of a written communication addressed to the Director-General by an intergovernmental industrial property organisation which includes the said declaration.
b) The communication shall also contain information on the institution of deposit, in accordance with the Regulation, and may indicate the date on which the status of international deposit authority shall enter into force.
2)
a) If the Director General finds that the communication comprises the required declaration and that all the information required has been received, the communication shall be published by the International Bureau as soon as possible. possible.
b) The status of the international deposit authority shall be acquired from the date of publication of the communication or, where another date is indicated pursuant to paragraph 1 (b), and this date is later than the date of publication of the publication of the communication from that date.
3) The Regulation shall establish the details of the procedure provided for in paragraphs (1) and (2)
ARTICLE 8. Ecessation AND LIMITATION OF THE STATUS OF INTERNATIONAL DEPOSIT AUTHORITY
1)
a) Any Contracting State or any intergovernmental industrial property organization may require the Assembly to terminate the status of an international authority of deposit of an authority, or to limit it to certain types of micro-organisms, because the conditions listed in Article 6 have not been met or are no longer met. However, a request for this class may not be submitted by a Contracting State or an intergovernmental industrial property organisation with respect to an international deposit authority for which that State or this organisation has made the declaration provided for in Article 7.1)a).
b) Before submitting the request under subparagraph (a), the Contracting State or the intergovernmental industrial property organisation shall notify the Contracting State or the Contracting State through the Director General an intergovernmental industrial property organisation which has made the communication provided for in Article 7(1), the reasons for the request envisaged, in order to enable the said State or such organisation to take appropriate measures to ensure that the submission of the request is not necessary, within six months of the date of the notification.
c) If the Assembly finds that the request is duly substantiated, it shall decide upon termination of the status of international authority of deposit of the authority referred to in paragraph a) or limit it to certain types of micro-organisms. The decision of the Assembly will require a two-thirds majority in favour of the petition.
2)
a) The Contracting State or the intergovernmental industrial property organization that has formulated the declaration provided for in Article 7.1)a) may, by means of a communication addressed to the Director-General, withdraw this declaration completely or only in respect of certain types of micro-organisms and must do so in any event where their securities are no longer applicable, and in so far as they do not are.
b) As of the date provided for in the Regulation, such a communication will therefore result in the cessation of the status of international deposit authority, if it concerns the declaration in its entirety and, if refers only to certain types of micro-organisms, a corresponding limitation of their status.
3) The Regulation shall determine the details of the procedure provided for in paragraphs (1) and (2)
ARTICLE 9. INTERGOVERNMENTAL INDUSTRIAL PROPERTY ORGANIZATIONS
1)
a) Any intergovernmental organization, to which several Contracting States have entrusted the mission of granting patents of a regional nature and of which all their Member States are of the Union
International for the Protection of Industrial Property (Union of Paris), may submit to the Director General a declaration under which it accepts the obligation of recognition provided for in Article 3.1)a), the obligation relating to the requirements laid down in Article 3.2) and all the effects of the provisions of this Treaty and its Regulation, which are applicable to intergovernmental industrial property organisations. If presented before the entry into force of this Treaty, in accordance with Article 16(1), the declaration provided for in the preceding sentence shall be effective from the date of that entry into force. If it is submitted after that entry into force, the said declaration shall be effective three months after its submission, unless the declaration indicates a later date. In the latter case, the declaration shall be effective on the date indicated.
b) That organization will have the right provided for in Article 3.1)b).
2) In the event of a revision or amendment of any provision of this Treaty or of its Rules of Procedure, which affects intergovernmental industrial property organisations, any intergovernmental industrial property organisation may withdraw the declaration provided for in paragraph (1) by notification to the Director-General. Retirement will be effective:
i) if the notification was received before the date of entry into effect of the revision or modification, on this date;
(ii) if the notification has been received after the date provided for in paragraph (i), on the date indicated in the notification, or in the absence of such an indication, three months after the date on which the notification is received.
3. In addition to the case provided for in paragraph (2), any industrial property organisation may withdraw the declaration provided for in paragraph (1) (a) by notification addressed to the Director General. The withdrawal shall be effective two years after the date on which the Director General has received the notification. No notification of withdrawal shall be admissible, in accordance with this paragraph, for a period of five years from the date on which the declaration has taken effect.
4) The withdrawal provided for in paragraphs (2) or (3) by an intergovernmental industrial property organisation, the communication of which according to Article 7(1) has led to the acquisition by a deposit institution the status of international depositary authority shall entail the cessation of such status one year after the date on which the Director General has received the notification of withdrawal.
5) The declaration provided for in paragraph (1)(a), the withdrawal notification provided for in paragraphs (2) or (3), the securities provided under Article 6(1), second sentence, including included in a statement made pursuant to Article 7.1)a), the petition filed under Article 8.1) and the withdrawal communication provided for in Article 8.2), require the express prior approval of the sovereign body of the intergovernmental industrial property organisation whose members are all the Member States of that organisation and where the decisions are taken by the representatives of the Officials of the governments of these States.
ADMINISTRATIVE provisions.
1)
a) The Assembly shall be composed of the Contracting States.
b) Each Contracting State shall be represented by a delegate, who may be assisted by alternates, advisors and experts.
c) Each intergovernmental organization of industrial property shall be represented by special observers at meetings of the Assembly and any committee or working group set up by the Assembly.
d) Any State not a member of the Union, but a member of the Organization or of the International Union for the Protection of Industrial Property (Union of Paris), and any intergovernmental organization specializing in patent matters, other than an intergovernmental organization of industrial property within the meaning of Article 2.v), may be represented by observers at meetings of the Assembly and, if the Assembly so decides, at meetings of any committee or working group set up by the Assembly.
2)
a) The Assembly:
i) shall deal with all matters relating to the maintenance and development of the Union and the application of this Treaty;
(ii) shall exercise the rights that are specially conferred upon it and shall fulfil the tasks expressly assigned to it by this Treaty;
iii) will give the Director-General instructions regarding the preparation of the review conferences;
iv) shall examine and approve the reports and activities of the Director-General relating to the Union and give it the appropriate instructions on the matters of Union competence;
v) shall create the committees and working groups it deems appropriate to facilitate the activities of the Union;
vi) shall decide, without prejudice to paragraph 1)d), which are the States other than the Contracting States, which intergovernmental organizations other than the intergovernmental organizations of industrial property within the meaning of Article 2.v), and which are the international non-governmental organizations that will be admitted to their meetings in quality of observers, and decide to what extent the international deposit authorities will be admitted to their meetings as observers;
vii) will take all appropriate action to meet the objectives of the Union;
viii) shall be responsible for all other functions within the framework of this Treaty.
b) On matters that are of interest to other Unions administered by the Organization, the Assembly shall take its decisions in the light of the opinion of the Coordination Committee of the Organization.
3) Each delegate may represent no more than a State and may only vote on its behalf.
4) Each Contracting State shall have one vote.
5)
a) Half of the Contracting States shall constitute the quorum.
b) Even if this quorum is not stated, the Assembly may take decisions; however, and except those relating to its own procedure, such decisions shall be enforceable only when the quorum and the majority are met. required by the correspondence vote provided for by the Regulation.
6)
a) Without prejudice to Articles 8.1) c), 12.4) and 14.2) b), the decisions of the Assembly shall be adopted by majority of votes.
b) Abstention will not be considered as a vote.
7)
a) The Assembly shall meet once every three years in ordinary session by convening the Director General, preferably during the same period and at the same place as the Coordination Committee of the Organization.
b) The Assembly shall meet in extraordinary session by convening the Director-General, either on his own initiative or at the request of a quarter of the Contracting States.
8) The Assembly shall adopt its rules of procedure.
ARTICLE 11. INTERNATIONAL OFFICE
1) The International Bureau:
i) shall be responsible for the administrative tasks incumbent upon the Union, and in particular those which are particularly assigned to it by this Treaty or by the Assembly;
(ii) shall be responsible for the secretariat of the review conferences, the Assembly, the committees and working groups set up by it and any other meeting convened by the Director General and dealing with matters relating to the Union.
2) The Director General is the highest official of the Union and represents the Union.
3) The Director-General shall convene all meetings dealing with matters of interest to the Union.
4)
a) The Director General and any staff member by the designated person shall participate, without the right to vote, in all meetings of the Assembly, the Committees and working groups established by the Assembly and any other meeting convened by the Director General and dealing with issues of interest to the Union.
(b) The Director-General or a member of staff by the designated person shall be the Secretary-General of the Assembly and of the Committees, Working Groups and other meetings referred to in paragraph (a).
5)
a) The Director General will prepare the review conferences in accordance with the Assembly guidelines.
b) The Director General may consult intergovernmental and international non-governmental organizations regarding the preparation of the review conferences.
c) The Director General and persons designated by him shall participate, without the right to vote, in the deliberations of the review conferences.
d) The Director General or any member of the staff designated by him shall be the secretary of any review conference.
1) The Regulation will contain relative provisions:
(i) to questions on which this Treaty expressly refers to the Regulation or specifically provides that they are or will be the subject of regulatory provisions;
ii) to all requirements, issues or administrative procedures;
iii) to all the details useful for the implementation of the provisions of this Treaty.
2) The Regulation shall be adopted at the same time as this Treaty, which shall form an integral part.
3) The Assembly may amend the Regulation.
4)
a) Without prejudice to paragraph b), the adoption of any amendment to the Regulation will require a two-thirds majority of the votes.
b) The adoption of any modification concerning the delivery by the international authorities of the deposit of samples of the microorganisms deposited shall require that no Contracting State votes against the modification proposal.
5) In the event of divergence between the text of this Treaty and that of the Regulation, the text of the Treaty shall prevail.
REVISION AND MODIFICATION.
1) This Treaty may be subject to periodic review by means of conferences of the Contracting States.
2) The convening of the review conferences will be decided by the Assembly.
3) Items 10 and 11 may be modified by a review conference or by the procedure provided for in Article 14.
ARTICLE 14. AMENDMENT OF CERTAIN PROVISIONS OF THE TREATY
1)
a) Proposals for modification of Articles 10 and 11, made under this article, may be submitted by any State or by the Director General.
b) These proposals shall be communicated by the Director General to the Contracting States, at least six months before they are submitted to the Assembly.
2)
a) Any amendment to the provisions of paragraph 1 shall be adopted by the Assembly.
b) The adoption of any modification to Article 10 will require the four-fifths of the votes cast; the adoption of any modification of the Article 11 will require all three quarters of the votes cast.
3)
a) Any amendment to the provisions of paragraph (1) shall enter into force one month after the Director General has received written notifications of his acceptance, in accordance with their respective procedures. constitutional, three-quarters of the Contracting States Members of the Assembly at the time of the adoption of the amendment.
b) Any modification of such articles thus accepted shall be obligatory for all Contracting States which were at the time when the Assembly adopted the amendment; however, any amendment which it believes financial obligations to or increasing the Contracting States shall only require those who have notified the acceptance of the amendment.
c) Any modification that is accepted and enters into force pursuant to paragraph a) shall force all States that become Contracting States after the date on which the amendment has been adopted by the Assembly.
FINAL CLAUSES.
ARTICLE 15. PROCEDURE FOR PART IN THE TREATY.
1) Any Member State of the International Union for the Protection of Industrial Property (Union of Paris) may be a party to this Treaty by:
i) his signature, followed by the deposit of the instrument of ratification, or
ii) the deposit of an instrument of accession.
2) The instruments of ratification or accession shall be deposited with the Director General.
ARTICLE 16. TREATY ENTRY INTO FORCE
1) This Treaty shall enter into force in respect of the first five States which have deposited their instruments of ratification or accession three months after the date on which the fifth instrument of ratification or ratification has been deposited. accession.
2) This Treaty shall enter into force for any other State three months after the date on which the State has deposited its instrument of ratification or accession, except in the instrument of ratification or accession. indicates a later date. In the latter case, this Treaty shall enter into force in respect of that State on the date indicated.
ARTICLE 17. REPORTING OF THE TREATY
1) Any Contracting State may denounce this Treaty by notification to the Director General.
2) The complaint shall take effect two years after the date on which the Director General has received the notification.
3) The right of denunciation of the Treaty, as provided for in paragraph (1), may not be exercised by a State before the expiry of a period of five years from the date from which it is a party to this Treaty.
4) The denunciation of the Treaty by a Contracting State which has made the declaration provided for in Article 7or. 1(a), in respect of a deposit institution which has acquired the status of international deposit authority in this way, shall have the effect of ceasing this status one year after the date on which the Director General has received the notification provided for in paragraph (1).
ARTICLE 18. TREATY SIGNATURE AND LANGUAGES.
1)
a) This Treaty shall be signed in a single original copy in the French and English languages, both texts being equally authentic.
b) The Director-General, after consulting the governments concerned, and within two months of signing this Treaty, shall establish official texts in the other languages in which the Convention was signed. the World Intellectual Property Organization was established.
c) The Director General, after consultation with the governments concerned, shall establish official texts in German, Arabic, Italian, Japanese and Portuguese, and in the other languages that the Assembly may indicate.
2) This Treaty shall be opened for signature in Budapest until 31 December 1977.
ARTICLE 19. TREATY REPOSITORY; COPY TRANSMISSION; TREATY REGISTRATION
1) The original copy of this Treaty, when it ceases to be open for signature, shall be deposited with the Director General.
2) The Director-General shall certify and transmit two copies of this Treaty and of his Regulation to the governments of all States provided for in Article 15.1) and to intergovernmental organizations which submit a declaration under Article 9(1) and, upon request, to the government of any other State.
3) The Director General shall register this Treaty with the Secretariat of the United Nations.
4) The Director-General shall certify and transmit two copies of any amendment to this Treaty and of its Rules of Procedure to all Contracting States and to all intergovernmental organizations of industrial property and, prior to request, to the government of any other State and any other intergovernmental organization, under Article 9.1)a).
The Director General shall notify the Contracting States, the intergovernmental organizations of industrial property and the non-member States of the Union but members of the International Union for the Protection of Industrial Property (Paris Union):
i) signatures made in accordance with Article 18;
(ii) the deposit of instruments of ratification or accession, in accordance with the provisions of Article 15(2)
iii) statements made under Article 9.1) a) and withdrawal notifications made in accordance with Article 9.2) or 3);
iv) the date of entry into force of this Treaty, in accordance with the provisions of Article 16.1);
v) communications made under Articles 7or 8or decisions taken under Article 8or;
vi) the acceptances of amendments to this Treaty, in accordance with the provisions of Article 14.3);
vii) amendments to the Regulation;
viii) the dates of entry into force of the amendments to the Treaty or the Regulation;
ix) any complaint reported in accordance with the provisions of Article 17.
Adopted April 28, 1977
and modified on January 20, 1981 and October 1, 2002
INDICE* *
Rule 1: Definitions and interpretation of the word "signature"
1.1 "Treaty"
1.2 "Item"
1.3 "Signature"
Rule 2: International Deposit Authorities
2.1 Legal status
2.2 Staff and installations
2.3 Sample Delivery
Rule 3: Acquisition of the International Deposit Authority Status
3.1 Communication
3.2 Communication Processing
3.3 Extension of list of accepted micro-organism types
Rule 4: Cese or limitation of the status of international deposit authority
4.1 Request; Request Processing
4.2 Communication; Effective Date; Communication Processing
4.3 Consequences for the repositories
Rule 5: Incompliance by the international repository authority
5.1 Interruption of the exercise of functions with respect to deposited microorganisms
5.2 Rejection of acceptance of certain types of microorganisms
Rule 6: Modes of the initial repository or the new repository
6.1 Initial Deposit
6.2 New Repository
6.3 International Deposit Authority Demands
6.4 Acceptance Procedure
Rule 7: Receipt
7.1 Receipt of receipt
7.2 Shape; languages; signature
7.3 Content in case of initial deposit
7.4 Content in case of new repository
7.5 Receipt in case of transfer
7.6 Communication of the scientific description and/or proposed taxonomic designation
Rule 8: Subsequent indication or modifications of the scientific description and/or proposed taxonomic designation
8.1 Communication
8.2 Certificate
Rule 9: How to store microorganisms
9.1 Duration of conservation
9.2 Secret
Rule 10: Feasibility control and declaration
10.1 Control Obligation
10.2 Feasibility statement
Rule 11: Sample Delivery
11.1 Delivery of samples to the industrial property offices concerned
11.2 Delivery of samples to the depositor or with their authorization
11.3 Sample Delivery to Legally Authorized Parties
11.4 Common Rules
11.5 Modification of Rules 11.1 and 11.3 when applied to international applications
Rule 12: Rates
12.1 Type and value
12.2 Modification of Quantis
Rule 12bis: Time-to-Time Computing
12a. 1 Plazos expressed in years
12a. 2 Pashes expressed in months
12a. 3 Plazos expressed in days
Rule 13: Publication by the International Bureau
13.1 Publication Form
13.2 Content
Rule 14: Delegation expenses
14.1 Expenses Coverage
Rule 15: Lack of quorum in the Assembly
15.1 Correspondence vote
ABBREVIATED EXPRESSIONS AND INTERPRETATION OF THE WORD "SIGNATURE".
1.1 "Treaty"
For the purposes of this Regulation, "Treaty" means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of the Patent Procedure.
1.2 "Item"
For the purposes of this Regulation, "Article" shall mean the Article indicated in the Treaty.
1.3 "Signature"
For the purposes of this Regulation, where the right of the State in whose territory the international deposit authority is domiciled requires the use of a stamp instead of a signature, the expression "Signature" means "Seal", for the purposes of this authority.
INTERNATIONAL REPOSITORY AUTHORITIES.
2.1 Legal Status
The international deposit authority may be a public body, including any public institution dependent on a public administration other than the central government, or a private establishment.
2.2 Staff and installations
The conditions provided for in Article 6(2) (ii) shall be as follows:
(i) the staff and facilities of the international depot authority shall be allowed to keep the micro-organisms deposited in such a way as to ensure their viability and the absence of contamination;
(ii) the international deposit authority shall provide, for the conservation of micro-organisms, sufficient security measures to minimise the risk of loss of the micro-organisms which have been deposited in it.
2.3 Sample Delivery
The conditions laid down in Article 6(2) (ii) shall include in particular that the international deposit authority shall promptly and appropriately deliver samples of the micro-organisms. deposited.
ACQUIRING THE STATUS OF INTERNATIONAL DEPOSIT AUTHORITY.
3.1 Communication
a) The communication set out in Article 7.1) shall be addressed to the Director General, through diplomatic channels in the case of a Contracting State or, in the case of an organization Industrial property intergovernmental, by its most senior official.
b) Communication:
i) shall indicate the name and address of the deposit institution to which the communication relates;
(ii) shall contain detailed information on the capacity of the institution to fulfil the conditions listed in Article 6(2), including information on its legal status, its level scientist, staff and facilities;
(iii) where that institution intends not to accept in deposit more than certain types of micro-organisms, it shall specify the types in question;
(iv) indicate the amount of the fees to be charged by the institution, once the status of international deposit authority has been acquired, for the conservation, the declarations on the viability and the delivery of samples of micro-organisms;
v) indicate the official language or languages of the institution;
vi) if applicable, indicate the date provided for in Article 7.1) b).
3.2 Processing of communication
If the communication complies with Article 7.1) and Rule 3.1, the Director General shall notify all Contracting States and all organizations as soon as possible. Industrial property intergovernmental and will be published as soon as possible by the International Bureau.
3.3 Extension of the list of accepted microorganisms types
The Contracting State or the intergovernmental industrial property organisation which has made the communication provided for in Article 7(1) may subsequently notify the Director General at any time of the that their securities extend to specific types of micro-organisms to which they were not extended up to that point. In this case, and as regards the additional types of micro-organisms, Article 7or Rules 3.1 and 3.2 shall apply by analogy.
EESC OR LIMITATION OF THE STATUS OF INTERNATIONAL DEPOSIT AUTHORITY.
4.1 Request; Request Processing
a) The request provided for in Article 8.l)a) shall be addressed to the Director General in accordance with the provisions of Rule 3.1.a).
b) The request:
i) shall indicate the name and address of the international deposit authority concerned;
(ii) where it relates only to certain types of micro-organisms, it shall specify those types;
(iii) shall indicate in detail the facts underlying it.
c) If the request complies with paragraphs a) and b), the Director General shall notify all Contracting States and all Contracting States as soon as possible. the intergovernmental organisations of industrial property.
d) Without prejudice to the provisions of paragraph e), the Assembly shall examine the request no earlier than six months and no later than eight months from the date of its notification.
e) When, in the opinion of the Director General, compliance with the time limit provided for in paragraph d) could harm the interests of the effective or potential depositors, the Director General may to convene the Assembly for a date prior to the expiry of the six-month period provided for in paragraph (d).
(f) If the Assembly decides to terminate the status of international deposit authority or limit it to certain types of micro-organisms, the decision shall be effective three months after the date on which it is established. adopted.
4.2 Communication; Effective Date; Fulfillment of Communication
a) The communication provided for in Article 8.2)a) shall be directed to the Director General as provided for in Rule 3.l.a).
b) Communication:
i) shall indicate the name and address of the international deposit authority concerned;
(ii) where it relates only to certain types of micro-organisms, it shall specify those types;
(iii) where the Contracting State or the intergovernmental industrial property organisation that makes the communication wishes that the effects provided for in Article 8(2)b) are in a date after the expiry of a period of three months from the date of the communication, shall indicate that later date.
c) In case of application of paragraph b) iii), the effects provided for in Article 8.2)b) will occur on the date indicated in the communication under that paragraph; otherwise they shall be produced at the expiry of a period of three months from the date of the communication.
d) The Director General shall notify all Contracting States and all intergovernmental industrial property organizations as soon as possible of any communication received under Article
4.3 Consequences for the repositories
In case of termination or limitation of the status of international deposit authority under Articles 8.1), 8.2), 9.4) or 17.4), Rule 5.1 shall apply by analogy.
DEFAULT BY THE INTERNATIONAL REPOSITORY AUTHORITY.
5.1 Interruping the exercise of functions with respect to deposited microorganisms
a) If an international depositary authority ceases, temporarily or definitively, to fulfil its functions under the Treaty and this Regulation with regard to micro-organisms which have been deposited, the Contracting State or the intergovernmental industrial property organisation which has provided securities pursuant to Article 6(1) in respect of that authority:
i) shall be responsible, as fully as possible and as soon as possible, for the transfer, without any deterioration or contamination, of samples of all such microorganisms from that authority (the "ceasing authority") to another international deposit authority ("the replacement authority");
(ii) shall be responsible, as fully as possible and as soon as possible, for the transmission to the replacement authority of all mail or any other communication addressed to the ceasing authority, as well as all the files and all the other relevant information held by that authority in respect of the said micro-organisms;
(iii) shall be responsible, as fully as possible and as soon as possible, for the notification by the ceasing authority of the interruption of the performance of duties and of the transfers made to all the depositors concerned;
iv) notify the Director-General, as soon as possible, of the interruption of the exercise of his duties and its extension, as well as of the measures taken by the Contracting State or the intergovernmental organisation of industrial property in points (i) to (iii).
b) The Director General shall notify the Contracting States and intergovernmental organizations of industrial property, as well as the Industrial Property Offices, as soon as possible, of the notification received pursuant to paragraph (a) (iv); the notification made by the Director General and the notification received shall be published as soon as possible by the International Bureau.
c) Under the applicable patent procedure, it may be required that, when the receipt provided for in Rule 7.5 is received by the depositor, the new order number attributed to the applicant shall be notified as soon as possible. the replacement authority has deposited a patent application with any office of industrial property before which a patent application has been filed, including the initial deposit.
d) The replacement authority shall keep in good form, in addition to the new order number, the order number attributed by the ceasing authority.
e) At the request of the depositor, the ceasing authority shall transfer, as far as possible, in addition to any transfer made under paragraph (a)(i), a sample of any micro-organism deposited with it, as well as copies of all mail or any other communication and all other relevant information referred to in paragraph (a)(ii) to any international authority of deposit, other than the replacement authority, to be indicated by the depositor; the condition that the latter pay the ceasing authority all the costs resulting from that transfer. The depositor shall pay the fee for the preservation of the above sample to the international deposit authority indicated by him.
f) At the request of any depositor concerned, the ceasing authority shall, as far as possible, keep samples of the micro-organisms that have been deposited in it.
5.2 Reject acceptance of certain types of microorganisms
a) If an international deposit authority rejects the deposit acceptance of any of the types of micro-organisms that it should accept under the security provided, the Contracting State or the international industrial property organisation which has formulated the declaration provided for in Article 7.1)a) with respect to that authority, shall notify the Director General as soon as possible. the facts in question and the measures that have been taken.
b) The Director General shall notify the other Contracting States and intergovernmental organizations of industrial property as soon as possible of the notification received pursuant to paragraph (a) notification made by the Director-General and the notification received by the Director-General shall be published as soon as possible by the International Bureau.
INITIAL REPOSITORY OR NEW REPOSITORY MODES.
6.1 Initial Repository
a) The micro-organism delivered by the depositor to the international deposit authority shall be accompanied, except in the case of application of Rule 6.2, of a written declaration signed by the depositor, which shall be contain:
i) the indication that the deposit is made under the Treaty and the commitment not to withdraw it for the period specified in Rule 9.1;
ii) the name and address of the depositor;
(iii) the detailed description of the conditions to be met for the cultivation of the micro-organism, the preservation and the control of its viability, and in addition, where the tank consists of a mixture of micro-organisms, the description of the components of the mixture and at least one of the methods for verifying its presence;
(iv) the identification reference (number or symbols, for example) assigned by the depositor to the micro-organism;
v) the indication of the properties of the micro-organism that represent or may pose hazards to health or the environment, or the indication that the depositor has no knowledge of such properties.
b) It is especially recommended that the written declaration provided for in paragraph a) contains the scientific description and/or the proposed taxonomic designation of the deposited microorganism.
6.2 New Repository
a) Without prejudice to paragraph b), in the case of a new deposit made under Article 4or, the microorganism delivered by the depositor to the international deposit authority shall be accompanied by a copy of the receipt relating to the previous deposit, a copy of the most recent declaration relating to the viability of the micro-organism which was the subject of the previous deposit; indicating that the micro-organism is viable, and a written declaration signed by the depositor and which must contain:
i) the indications provided in Rule 6.1.a) i) a v);
ii) a statement mentioning the reason applicable under Article 4.1) a) for which the new deposit is made, a statement stating that the micro-organism subject to the new deposit is the same as the one that was the object of the previous deposit, and the indication of the date on which the depositor received the notification provided for in Article 4.1) a) or, if applicable, the date of the publication provided for in Article 4.1 ) e);
(iii) where a scientific description and/or a proposed taxonomic designation has been indicated in relation to the previous deposit, the most recent scientific description and/or proposed taxonomic designation, as communicated to the authority the international deposit where the previous deposit was made.
b) When the new deposit is made to the same international repository authority where the previous deposit was made, paragraph a)i) shall not apply.
c) For the purposes of paragraphs a) and b) and Rule 7.4, the term "previous deposit" is defined as:
i) when the new deposit has been preceded by one or more new deposits: the most recent of these other new deposits;
(ii) where the new deposit has not been preceded by one or more new deposits: the initial deposit.
6.3 International Deposit Authority Demands
a) Any international deposit authority may require:
i) that the micro-organism is deposited in the form and quantity necessary for the purposes of the Treaty and this Regulation
(ii) to provide a form established by this authority, duly completed by the depositor, to the object of its administrative procedure;
iii) that the written declaration referred to in Rule 6.1.a) or 6.2.a) is written in the language or languages designated by that authority, with the understanding that such designation shall include in all case the official language (s) indicated under Rule 3.1.b)v);
iv) the payment of the conservation rate provided for in Rule 12.1.a)i); and
v) that, to the extent that the applicable law permits, the depositor has a contract with that authority that defines the liabilities of the depositor and that authority.
(b) Any international deposit authority shall communicate these requirements and any eventual modifications thereof to the International Bureau, if applicable.
6.4 Acceptance procedure
a) The international deposit authority shall refuse acceptance of the micro-organism and shall immediately notify in writing the refusal to the depositor, indicating the reasons for the refusal;
i) if the micro-organism does not belong to a type of micro-organism to which the securities given under Rule 3.l.b)iii) or 3.3 are extended;
(ii) if the micro-organism has such exceptional properties that the international deposit authority is not technically in a position to fulfil its tasks under the Treaty and the present Regulation; or
(iii) if the deposit has been received in a state that clearly indicates that the micro-organism is missing or that, for scientific reasons, it excludes the micro-organism from being accepted.
b) Without prejudice to paragraph a), the international deposit authority shall accept the micro-organism when it satisfies all the requirements of Rules 6.1.a) or 6.2.a) and 6.3.a). If it does not satisfy those requirements, the international deposit authority shall notify the depositor in writing immediately, inviting him to satisfy those requirements.
c) When the micro-organism has been accepted as an initial deposit or as a new deposit, the date of the initial deposit or the new deposit, as appropriate, shall be the date on which the micro-organism was received by the international deposit authority.
d) At the request of the applicant and provided that it satisfies all the requirements set out in paragraph (b), the international deposit authority shall consider a micro-organism, presented prior to the acquisition by this authority of the status of international deposit authority, it has been received, for the purposes of the Treaty, on the date of acquisition of that status.
RECENT.
7.1 Receipt of receipt
The international deposit authority shall issue to the depositor an accreditable receipt of the receipt and acceptance of each deposit of micro-organisms that is made to it or transferred to it.
7.2 Shape; languages; signature
a) The receipt provided for in Rule 7.1 shall be established in a form called an "international form", the model of which shall be determined by the Director-General in the languages indicated by the Assembly.
b) Every word or letter entered on the receipt in characters other than Latinos must also be shown by transliteration in Latin characters.
c) The receipt shall be signed by the person or persons competent to represent the international deposit authority or any other employee of this authority duly authorized by the person or persons mentioned.
7.3 Initial deposit case content
The receipt provided for in Rule 7.1 and issued in the case of an initial deposit shall indicate that it is issued by the institution of deposit in its capacity as an international deposit authority under the Treaty and shall contain at least the indications following:
i) the name and address of the international deposit authority;
ii) the name and address of the depositor;
iii) the date of the initial deposit as defined in Rule 6.4.c);
(iv) the identification reference (number or symbols, for example) assigned by the depositor to the micro-organism;
v) the order number attributed to the deposit by the international deposit authority;
vi) when the written declaration provided for in Rule 6.1.a) contains the scientific description and/or the proposed taxonomic designation of the micro-organism, a mention of this fact.
7.4 Content in case of new repository
The receipt provided for in Rule 7.1 and issued in case of a new deposit made under Article 4or, shall be accompanied by a copy of the receipt relating to the previous deposit (in the sense of the Rule 6.2.(c)) and a copy of the most recent declaration on the viability of the micro-organism that was the subject of the previous deposit (within the meaning of Rule 6.2.c)), indicating that the micro-organism is viable, and shall contain at least:
i) the name and address of the international deposit authority;
ii) the name and address of the depositor;
iii) the date of the new repository as defined in Rule 6.4.c);
(iv) the identification reference (number or symbols, for example) assigned by the depositor to the micro-organism;
v) the order number attributed to the new deposit by the international deposit authority;
vi) the indication of the applicable reason and date, mentioned by the depositor under Rule 6.2.a)ii);
vii) in case of application of Rule 6.2.a)iii), a mention of the fact that the depositor has indicated a scientific description and/or a proposed taxonomic designation;
viii) the order number attributed to the previous repository (within the meaning of Rule 6.2.c)).
7.5 Receipt in Case of Transfer
The international deposit authority to which samples of micro-organisms have been transferred pursuant to Rule 5.1.(a)(i) shall issue to the depositor for each deposit of which a shows, a receipt indicating that the institution of deposit is issued by the institution of international deposit authority under the Treaty, and containing at least:
i) the name and address of the international deposit authority;
ii) the name and address of the depositor;
(iii) the date on which the sample transferred by the international deposit authority (transfer date) has been received;
(iv) the identification reference (number or symbols, for example) assigned by the depositor to the micro-organism;
v) the order number attributed by the international deposit authority;
vi) the name and address of the international deposit authority from which the transfer was made;
vii) the order number attributed by the international deposit authority from which the transfer was made;
viii) when the written declaration provided for in Rule 6.1.a) or 6.2.a) includes the scientific description and/or the proposed taxonomic designation of the micro-organism, or when this description scientific and/or proposed taxonomic designation have been indicated or subsequently modified under Rule 8.1, a mention of that fact.
7.6 Communication of the scientific description and/or proposed taxonomic designation
At the request of any party entitled to the delivery of a microorganism sample under Rules 11.1, 11.2 or 11.3, the international deposit authority shall communicate to this party the latest scientific and/or most recent description proposed taxonomic designation, as provided for in Rules 6.1.b), 6.2.a)iii) or 8.1.b)iii).
FURTHER INDICATION OR MODIFICATIONS OF THE SCIENTIFIC DESCRIPTION AND/OR THE PROPOSED TAXONOMIC DESIGNATION.
8.1 Communication
a) Where, in relation to the deposit of a micro-organism, the scientific description and/or the taxonomic designation of the micro-organism have not been indicated, the depositor may subsequently indicate them or modify them if they have indicated.
b) The subsequent indication or modification shall be made by means of a written communication, signed by the depositor, addressed to the international deposit authority and which shall contain:
i) the name and address of the depositor;
(ii) the order number attributed by that authority;
(iii) the scientific description and/or the proposed taxonomic designation of the micro-organism;
iv) in case of modification, scientific description and/or the proposed taxonomic designation.
8.2 Certificate
At the request of the depositor who has formulated the communication provided for in Rule 8.1, the international deposit authority shall issue a certificate to him indicating the data stipulated in Rule 8.1 .b)i) to iv), and the date reception of the communication.
CONSERVATION OF MICROORGANISMS.
9.1 Duration of conservation
Any micro-organism deposited with an international deposit authority shall be retained by it with all the care necessary for its viability and the absence of contamination over a period of five years, at least from the date of receipt by the aforementioned authority of the most recent request for delivery of a sample of the micro-organism deposited and, in all cases, for a period of 30 years, at least, from the date of the deposit.
9.2 Secret
The international deposit authority shall not provide any information as to whether a micro-organism has been deposited in its possession under the Treaty. Furthermore, it shall not provide any information in respect of any micro-organism placed in its possession under the Treaty, except in the case of an authority or a natural or legal person entitled to obtain a sample of the said micro-organism. microorganism under Rule 11 and subject to the same conditions as those provided for in this rule.
CONTROL AND FEASIBILITY DECLARATION.
10.1 Control Obligation
The international deposit authority shall monitor the viability of each micro-organism deposited in its possession:
i) as soon as possible, after each deposit provided for in Rule 6 or transfer set out in Rule 5.1;
(ii) at reasonable intervals, depending on the type of micro-organism and the applicable conservation conditions, or at any time if necessary for technical reasons;
iii) at any time, at the request of the depositor.
10.2 Statement of Feasibility
a) The international deposit authority shall issue a declaration on the viability of the deposited micro-organism:
i) to the depositor, as soon as possible after each deposit provided for in Rule 6 or transfer set out in Rule 5.1;
(ii) to the depositor, upon request, at any time after the deposit or transfer;
(iii) to the Office of Industrial Property, or to any other natural or legal person or entity other than the depositor, to whom samples of the microorganism deposited pursuant to Rule 11 have been submitted, at its own request, in the the time of delivery or after delivery.
b) The feasibility statement shall indicate whether the micro-organism is viable or whether it is no longer viable, and shall contain:
i) the name and address of the international deposit authority that issues it;
ii) the name and address of the depositor;
(iii) the date provided for in Rule 7.3.iii) or, if a new deposit or transfer has been made, the most recent of the dates provided for in Rules 7.4.iii) and 7.5.iii);
(iv) the order number attributed by that international deposit authority;
v) the date of the control to which it relates;
(vi) information on the circumstances in which the feasibility check has been carried out, provided that the information has been requested by the recipient of the feasibility declaration and that the results of the inspection have been carried out negative.
c) In case of application of paragraph a)(ii) or (iii), the feasibility statement shall refer to the most recent feasibility control.
d) As for the form, languages, and signature, Rule 7.2 will apply by analogy to the feasibility statement.
e) The feasibility statement shall be issued free of charge in the case provided for in paragraph (a)(i) or where it has been requested by an industrial property office. The fee payable under Rule 12.1.(a)(iii) for any other statement of viability shall be borne by the party applying for the declaration and shall be paid prior to the filing of the application or at the time of this presentation.
DELIVERY OF SAMPLES.
11.1 Delivery of samples to interested industrial property offices
The international deposit authority shall transmit a sample of any micro-organism deposited to the industrial property office of any Contracting State or intergovernmental industrial property organisation, at the request of that office, provided that the request is accompanied by a declaration that:
(i) a request has been made in that office stating the deposit of the micro-organism for obtaining a patent, and its object is related to the micro-organism or to its use;
(ii) such application is pending before that office or has resulted in the grant of a patent;
(iii) the sample is required for the purposes of a patent procedure with effect in that Contracting State or in that Contracting State or its Member States;
(iv) the sample, as well as any information accompanying it or derived from it, shall be used only for the purposes of the said patent procedure.
11.2 Delivery of samples to the depositor or with their authorization
The international deposit authority shall deliver a sample of any microorganism deposited:
i) to the depositor, upon request;
(ii) to any natural or legal authority or person (hereinafter referred to as the "authorized party"), on its own request, provided that the request is accompanied by a declaration by the depositor authorising the delivery of samples requested.
11.3 Delivery of samples to legally authorized parties
a) The international deposit authority shall deliver a sample of any micro-organism deposited to any natural or legal authority or person (hereinafter referred to as "the certified party"), at the request of the latter, to the condition that the request be made by means of a form whose content is to be fixed by the Assembly and that an industrial property office certifies in this form:
(i) that an application has been submitted in that office stating the deposit of the micro-organism for obtaining a patent, and its object relates to the micro-organism or to its use;
(ii) that, except where the second sentence of point (iii) applies, a publication has been made by that office for the purposes of the patent procedure;
(iii) either that the certified party is entitled to a sample of the micro-organism under the regulatory legislation of the patent procedure before that office and that, if it is derived from that legislation, the right to the sample is subject to certain conditions, the said office has established that the conditions have actually been met, or that the certified party has signed a form before that office and that, by virtue of the signature of that form, the conditions for the delivery of a sample to the certified part of the compliance with the regulatory law of the patent procedure with this office; if the certified party is entitled to the sample under the aforementioned legislation prior to publication for the purposes of the (a) the procedure for the application of the law of the Member State of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament. the inclusion of any legal decision.
b) As regards patents granted and published by an office of industrial property, this office may periodically communicate to any international repository authority lists of order numbers attributed by that authority to the deposits of micro-organisms mentioned in the patents. At the request of any natural or legal authority or person (hereinafter referred to as the "requesting party"), the international deposit authority shall provide this sample of any micro-organism whose order number has been communicated to the form. With respect to the deposited microorganisms whose order numbers have been communicated in accordance with this procedure, the office shall not be required to supply the certificate provided for in Rule l1.3.a).
11.4 Common Rules
a) Any request, declaration, certification or communication provided for in Rules 11.1, 11.2 and 11.3 shall be worded:
i) in Spanish, French, English or Russian, if it is addressed to an international deposit authority whose language or official languages include Spanish, French, English or Russian, respectively; however, when it must be written in Spanish or Russian, may be presented in French or English instead of in Spanish or in Russian and, if this is the case, the International Bureau shall establish as soon as possible and free of charge, at the request of the interested party provided for in the said rules or the international deposit authority, a certified translation in Spanish or Russian;
(ii) in all other cases, in French or in English; however, it may be written in the official language or in one of the official languages of the international deposit authority rather than in French or English.
b) Without prejudice to the provisions of paragraph a), where the request provided for in Rule 11.1 is made by an office of industrial property whose official language is Spanish or Russian, the request may be drawn up in Spanish or Russian, respectively, and the International Bureau, at the request of that office or of the international deposit authority which has received the said request, shall establish as soon as possible and free of charge, a certified translation in French or English.
c) Any request, declaration, certification or communication provided for in Rules 11.1, 11.2 and 11.3 shall be made in writing, signed and dated.
d) Any request, declaration, certification, or communication provided for in Rules 11.1, 11.2, and 11.3 a) shall contain the following indications:
(i) the name and address of the office of industrial property that submits the request, of the authorized party or of the certified party, as appropriate;
ii) the order number attributed to the repository;
iii) in the case of Rule 11.1, the date and number of the application or the patent to which the deposit corresponds;
(iv) in the case of Rule 11.3.(a), the indications set out in point (iii), as well as the name and address of the office of industrial property which has made the certification provided for in that rule.
e) Any request provided in Rule 11.3.b) must contain the following indications:
i) the name and address of the requesting party;
ii) the order number attributed to the deposit.
f) The international deposit authority shall mark the container containing the sample delivered with the order number attributed to the deposit and shall attach to the container a copy of the receipt provided for in Rule 7, the indication the possible properties of the micro-organism which represent or may represent hazards to health or the environment and, at the request, the indication of the conditions used by the international deposit authority to cultivate and preserve the micro-organism.
g) The international deposit authority that has delivered a sample to any interested party other than the depositor, shall notify it in writing and as soon as possible, as well as the date of delivery of the shows and the name and address of the office of industrial property of the authorised party, of the certified party or of the applicant party to whom the sample was delivered. This notification shall be accompanied by a copy of the corresponding request, any declaration submitted under Rule 11.1 or 11.2.ii) relating to such a request and any form or request signed by the requesting party, in accordance with Rule 11.3.
h) The delivery of samples provided for in Rule 11.1 will be free. In the case of the delivery of samples under Rule 11.2 or 11.3, the fee payable as set out in Rule 12.1 () (iv) shall be borne by the depositor, the authorised party, the certified party or the party applicant, as appropriate, and shall be paid prior to the submission of the request or at the time of such submission.
11.5 Modification of Rules 11.1 and 11.3 when applied to international requests
When an application has been filed as an international application under the Patent Cooperation Treaty, the reference to the filing of the application with the office of industrial property of Rules 11.1.i) and 11.3.(a)(i) shall be considered as a reference to the designation, in the international application, of the Contracting State for which the office of industrial property is the "designated office" within the meaning of that Treaty, and the certification of a publication required by Rule 11.3.(a)(ii) shall be, at the choice of the office of industrial property, either a certification of the international publication made under that Treaty, or the certification of a publication made by the office of industrial property.
TASAS.
12.1 Type and value
a) With regard to the procedure provided for by the Treaty and this Regulation, the international deposit authority may charge a fee:
i) for conservation;
ii) by issuing the certificate set out in Rule 8.2;
(iii) without prejudice to the first sentence of Rule 10.2 (2)e)on the issue of feasibility statements;
(iv) without prejudice to Rule 11.4.h), first sentence, for the delivery of samples;
v) by the communication of information under Rule 7.6.
b) The conservation rate shall be valid for the entire period during which the micro-organism is retained, in accordance with Rule 9.1.
(c) The amount of the fees shall not affect the nationality or domicile of the depositor, the nationality or domicile of the natural or legal person or authority requesting the issue of a declaration of feasibility or delivery of samples.
12.2 Modifying the quantis
a) Any modification of the amount of the fees received by the international deposit authority shall be notified to the Director-General by the Contracting State or the intergovernmental organization of industrial property the declaration provided for in Article 7(1) has been made in respect of that authority. Without prejudice to the provisions of paragraph (c), the notification may contain the indication of the date from which the new fees will apply.
b) The Director-General shall, as soon as possible, notify all Contracting States and all intergovernmental industrial property organisations of any notification received under paragraph 1. a), as well as its effective date under paragraph c); the notification made by the Director General and the notification that he has received will be published by the International Bureau within the most short possible.
c) The new fees shall apply from the date indicated under paragraph (a); however, where the modification consists of an increase in the amount of the fees or when it is not indicate no date, the new fees shall apply from the 30th day following the publication of the amendment by the International Bureau.
REGLA 12BIS.
COMPUTATION OF DEADLINES.
12bis.1 Plazos expressed in years
When a period is expressed in one year or in a number of years, the computation shall start from the day following that in which the corresponding event took place, and shall expire in the relevant subsequent year the same month and the day as the number of the month and the day on which that event took place; if the corresponding subsequent month of the day with the same number, the period shall expire on the last day of that month.
12bis.2 Plings expressed in months
When a period is expressed in one month or in a number of months, the computation shall start from the day following that in which the corresponding event took place, and shall expire the relevant subsequent month and the day with the same number as the day in the fact has taken place; if the subsequent month concerned does not have the same number, the period shall expire on the last day of that month.
12bis.3 Days expressed in days
When a period of time is expressed in a number of days, the computation shall start from the day following that in which the corresponding event took place, and shall expire on the day the last day of the account is reached.
PUBLICATION BY THE INTERNATIONAL BUREAU.
13.1 Publishing Form
Any publication of the International Bureau provided for in the Treaty or this Regulation shall be made on paper or in electronic form.
13.2 Content
(a) At least once a year, and preferably during the first quarter of the year, an updated list of international deposit authorities shall be published, indicating in respect of each of them the types of micro-organisms that can be deposited and the amount of the fees it receives.
b) They will be published once, and as soon as possible after they have occurred, complete information about each of the following facts:
(i) any acquisition, termination or limitation of the status of international deposit authority and the measures taken in connection with such cessation or limitation;
ii) any extension provided for in Rule 3.3;
(iii) any interruption of the functions of an international deposit authority, any refusal of acceptance of certain types of micro-organisms, as well as the measures taken in connection with this interruption or rejection;
(iv) any modification of the fees received by an international deposit authority;
v) any requirement communicated in accordance with Rule 6.3.b), and any modification thereto.
EXPENSES FOR DELEGATIONS.
14.1 Coverage of expenses
The expenses of each delegation participating in a meeting of the Assembly or in a committee, working group or any other meeting on questions of the Union's competence shall be borne by the State or the organization which has designated.
LACK OF QUORUM IN ASSEMBLY.
15.1 Vote by Mapping
a) In the case provided for in Article 10.5)b), the Director General shall communicate the decisions of the Assembly, except those relating to his own procedure, to the Contracting States which were not represented at the time of the adoption of the decision, inviting them to express in writing their vote or their abstention within three months of the date of such communication.
b) If at the expiration of this period the number of Contracting States that have expressed their vote or their abstention reaches the number of Contracting States that was lacking in order to achieve the quorum when the decision the decision shall be enforceable, provided that the necessary majority has been obtained at the same time.
[End of Regulation]
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 29, 2008
Approved. Consider the Constitutional effects of the honorable National Congress.
(Fdo.) ALVARO URIBE VELEZ
The Deputy Minister of Foreign Affairs in charge of the office of the Minister of Foreign Affairs,
(Fdo.) Camilo Reyes Rodriguez.
DECRETA:
Article 1o. Please approve the "Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure", established in Budapest on 28 April 1977 and amended on 26 September 1980 and its "Regulation", adopted on 28 April 1977 and amended on 20 January 1981 and 1 October 2002.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Treaty of Budapest on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure", established in Budapest on 28 June April 1977 and amended on 26 September 1980 and its 'Rules of Procedure', adopted on 28 April 1977 and amended on 20 January 1981 and on 1 October 2002, which are hereby approved by Article 1 of this Law, shall be binding on the country from the date of entry into force of the Treaty. to improve the international link with respect to the same.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs, the Minister of Commerce, Industry and Tourism and the Minister of Environment, Housing and Territorial Development.
The Foreign Minister,
Jaime Bermudez Merizalde.
Minister Commerce, Industry and Tourism,
Luis Guillermo Plata Paez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 29, 2008
Approved. Submit to the honorable National Congress for Constitutional Effects.
(Fdo.) ALVARO URIBE VELEZ
The Deputy Minister of Foreign Affairs in charge of the office of the Minister of Foreign Affairs,
(Fdo.) Camilo Reyes Rodriguez.
DECRETA:
ARTICLE 1o. Approve the "Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure", established in Budapest on April 28 1977 and amended on 26 September 1980 and its 'Rules of Procedure', adopted on 28 April 1977 and amended on 20 January 1981 and 1 October 2002.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Procedure in The Commission's proposal for a Council Directive on the approximation of the laws of the Member States relating to the protection of the environment, the protection of the environment, the environment and the environment, and the protection of the environment and the environment. The law is approved, will force the country from the date on which the international link is improved with respect to same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JUAN MANUEL CORZO ROMAN.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
SIMON GAVIRIA MUNOZ.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
NATIONAL REPUBLIC OF COLOMBIA
Communicate and comply.
Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on February 6, 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Commerce, Industry and Tourism,
SERGIO DÍAZ-GRANADOS GUIDA.
