Advanced Search

Law No. 75 Of 3 May 1999

Original Language Title:  LEGE nr. 75 din 3 mai 1999

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 75 75 of 3 May 1999 for the accession of Romania to the Treaty of Budapest on the international recognition of the deposit of micro-organisms for the purposes of the patent procedure, signed on 28 April 1977 and amended on 26 September 1980
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 210 210 of 13 May 1999



The Romanian Parliament adopts this law + Article 1 Romania adheres to the Treaty of Budapest on the international recognition of the deposit of micro-organisms for the purposes of the patent procedure, signed on 28 April 1977 and amended on 26 September 1980. + Article 2 The State Office for Inventions and Trademarks is empowered to present to the Director-General of the World Intellectual Property Organization declarations in the application of this Treaty, depending on the interests of Romania, after their approval to the Romanian Government This law was adopted by the Senate at the meeting of March 1, 1999, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at its meeting on March 29, 1999, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES PAULA IVANESCU + THE TREATY OF BUDAPEST on the international recognition of the deposit of micro-organisms for the purposes of the patent procedure *) ------------- Note * *) Translation. Introductory provisions + Article 1 Establishment of a Union The Parties to this Treaty, hereinafter referred to as Contracting States, shall be set up in the Union for the international recognition of the storage of micro-organisms for the purposes of the patent procedure. + Article 2 Definitions For the purposes of this Treaty and the Implementing Regulation: (i) any reference to the patent is understood to be a reference to the patents of invention, to the certificates of invention, to the utility certificates, to the utility models, to the patents or the additional certificates, to the certificates of authorship of additional invention and certificates of additional utility; (ii) by deposit of micro-organisms, in accordance with the context in which these words appear, the following acts shall be understood, carried out in accordance with this Treaty and the implementing regulation: the transmission of a micro-organism to an authority of international deposit, which receives and accepts it, or the preservation of such a micro-organism by the international depositary authority or, at the same time, that transmission and preservation; (iii) the patent procedure shall mean any administrative or judicial proceedings in respect of a patent application or a patent; (iv) publication for the purposes of the patent procedure shall mean official publication or official making available to the public for the verification of a patent application or a patent; (v) through an intergovernmental organization of industrial property is understood an organization that presented a declaration on the basis of art. 9 9 para. ((1); (vi) through the industrial property office means an authority of a contracting state or an intergovernmental organization of industrial property, which is competent to issue patents; ((vii) a deposit institution shall mean an institution which ensures the reception, acceptance and preservation of micro-organisms and the remission of samples thereof; (viii) by means of an international deposit authority shall be understood as a deposit institution which has acquired the status of an international depositary authority in accordance with 7 7; (ix) the depositor shall mean the natural or legal person who transmits a micro-organism to an international holding authority, which receives and accepts it, and any successor in the rights of that person; ((x) the Union shall be understood as the Union referred to in 1 1; (xi) the Assembly shall mean the assembly referred to in art. 1 1; (xii) through the Organization is understood the World Intellectual Property Organization; (xiii) through the International Office the International Office of the Organization is understood and, as long as they exist, the international offices brought together for the protection of intellectual property (BIRPI); ((xiv) the Director-General shall mean the Director-General of the Organization ((xv) the implementing regulation shall mean the implementing regulation referred to in Article 2 (1) 12 + Chapter 1 Substantive provisions + Article 3 Recognition and effects of micro-organisms (. A) Contracting States which permit or require the storage of micro-organisms for the purposes of the patent procedure shall, in this respect, recognise the storage of micro-organisms, carried out at an international holding authority. This recognition includes the recognition of the deposit and its date, as indicated by the international deposit authority, and the recognition that what has been submitted as a sample is a sample of the micro-organism deposited. b) Any Contracting State may require a copy of the certificate of the deposit referred to in lett. a), issued by the international depositary authority. (2) In respect of matters covered by this Treaty and by the implementing regulation, no Contracting State may require the fulfilment of other requirements, different from those laid down in this Treaty and in the Implementing Regulation, or requirements supplemental. + Article 4 New warehouse ((a) Where, for any reason existing, the international depositary authority may not draw samples of the micro-organism deposited, in particular: ((i) where the micro-organism is no longer viable; or (ii) where the remission of samples would require their sending abroad and when export or import restrictions prevent the sending or receiving of samples abroad, this authority shall notify the depositor that it is in impossibility to draw samples shortly after finding this impossibility and indicates its reason; subject to the provisions of par. ((2) and in accordance with the provisions of this paragraph, the depositor shall have the right to make a new deposit of the micro-organism which is the subject of the original b) The new deposit shall be made at the international deposit authority to which the original deposit was made; however: ((i) the deposit is carried out at another international holding authority, if the institution to which the original deposit was made has ceased to have the status of an international deposit authority, either in full or in respect of the type of the micro-organism to which the micro-organism belongs, or if the international repository authority to which the initial deposit was made ceases, temporarily or definitively, to perform its functions with regard to the micro-organisms deposited; ((ii) the deposit may be carried out at another international holding authority in the case referred to in point. a) section ((ii). c) Any new deposit is accompanied by a declaration signed by the depositor, stating that the micro-organism subject to the new deposit is the same as that which was the subject of the original deposit. If the statement of the depositor is challenged, the burden of proof shall comply with the applicable law. d) Subject to the provisions of letter a)-c) and e), the new deposit is considered as if it had been made on the date of the initial deposit, if all previous statements regarding the viability of the micro-organism that was the subject of the original deposit indicated that the micro-organism is viable and if the new deposit has been made within a period of 3 months from the date on which the depositor received the notification referred to in point. a). e) If the provisions of the letter apply. b) section ((i) and when the depositor does not receive the notification referred to in point. a) within a period of 6 months from the date on which the termination, limitation or termination of the performance of the functions referred to in point b) section ((i) was published by the International Bureau, the 3-month period referred to in lett. d) shall be calculated from the date of such publication. (2) The right referred to in paragraph ((1) lit. a) is not valid if the micro-organism deposited has been transferred to another authority of international repository, as long as this authority is able to draw samples of this micro-organism. + Article 5 Export and import restrictions Each Contracting State recognises that it is desirable, at a high level, that, if and to the extent that export from its territory or import into its territory of some types of micro-organisms is restricted, such a restriction shall not be restricted. apply to micro-organisms that are deposited or are intended to be submitted in accordance with this Treaty, unless the restriction is necessary with regard to national security or health risks or to the environment Surrounding. + Article 6 Status of International Deposit Authority (1) In order to be entitled to the status of an international depositary authority, a deposit institution must be located in the territory of a Contracting State and must benefit from assurances given by this State in accordance with which this institution meets and will continue to meet the conditions listed in par. ((2). Such insurance may also be given by an intergovernmental industrial property organization; in this case the deposit institution must be located in the territory of a Member State of this organization. (2) The deposit institution, as an international depositary authority, shall: ((i) to exist on a permanent basis; ((ii) possess, in accordance with the implementing regulation, the personnel and facilities necessary for the performance of the scientific and administrative tasks assigned to it under this Treaty; (iii) be impartial and objective; (iv) be, for the purpose of making the deposit, available to all depositors under the same conditions; (v) accept in storage micro-organisms of all kinds or certain types, examine their viability and preserve them, in accordance with the implementing regulation; ((vi) to issue to the depositor a certificate and any declaration required with regard to viability, in accordance with the implementing regulation; (vii) keep the secret of the micro-organisms submitted in accordance with the implementing regulation; (viii) remit, under the conditions and in accordance with the procedure laid down in the implementing regulation, samples of any micro-organism deposited. (3) The implementing regulation provides for the measures to be taken: ((i) where an international depositary authority ceases, temporarily or definitively, to exercise its functions in respect of micro-organisms deposited or refuses to accept types of micro-organisms which it should accept on the basis of data insurance; ((ii) in the event of a cessation or limitation of the status of an international deposit authority of an international depositary authority. + Article 7 Acquisition of the status of an international deposit authority (1) a) A deposit institution acquires the status of an international depositary authority on the basis of written communication, which is addressed to the Director-General by the Contracting State on whose territory the deposit institution is located and which includes a statement containing assurances that the institution meets and will continue to meet the conditions listed in art. 6 6 para. ((2). This status may also be acquired on the basis of a written communication which is addressed to the Director-General by an intergovernmental organisation of industrial property and comprising the said declaration. b) The communication also contains information on the deposit institution, in accordance with the implementing regulation, and may indicate the date on which the status of an international deposit authority should take effect. ((2) a) If the Director-General ascertains that the communication contains the required declaration and that all the information required has been received, the communication shall be published shortly by the International Bureau. b) The status of an international deposit authority shall be acquired from the date of publication of the communication or, if a date has been indicated on the basis of the provisions of par. ((1) lit. b) and if this date is the back of the date of publication of the communication, starting from this date. (3) The implementing regulation provides the details of the procedure referred to in ((1) and (2). + Article 8 Termination and limitation of the status of international deposit authority (1) a) Any Contracting State or any intergovernmental organization of industrial property may ask the Assembly to decide to terminate the status of an international depositary authority with respect to an authority or its limitation to certain types of microorganisms, for the reason that the requirements listed in art. 6 have not been met or are no longer met. However, such an application 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 that State. organization made the statement referred to in art. 7 7 para. ((1) lit. a). b) Before the presentation of the application based on the provisions a), the contracting state or the intergovernmental organization of industrial property shall notify, through the general manager, the contracting state or the intergovernmental organization of industrial property that made the communication mentioned in art. 7 7 para. (1) the reasons for such request, in order for the said State or organisation to be able to take, within 6 months from the date of notification, the appropriate measures to ensure that the submission of the application is no longer necessary. c) The Assembly, if it finds that the application is based, decides to terminate the status of authority of international repository of the authority referred to in a) or its limitation to certain types of micro-organisms. The Assembly decision requires a two-thirds majority of the votes cast in favour of the request. (2) a) The contracting state or the intergovernmental organization of industrial property that made the declaration referred to in art. 7 7 para. 1 1) lit. a) may, in a communication addressed to the Director-General, withdraw this declaration completely or solely for certain types of micro-organisms and, in any event, must do so in the situation and to the extent that his or her assurances are no longer applicable. b) With effect from the date provided for in the implementing regulation such communication leads, if it relates to the declaration in its entirety, to the termination of the status of an international deposit authority or, if it relates only to certain types of micro-organisms, to an appropriate limitation of that status. (3) The implementing regulation provides the details of the procedure referred to in ((1) and (2). + Article 9 Intergovernmental organizations of industrial property (1) A) Any intergovernmental organization to which several States have entrusted the task of issuing regional patents and whose Member States are members of the International Union for the Protection of Industrial Property (Union of in Paris) may present to the Director-General a declaration that he accepts the obligation of recognition provided for in 3 3 para. ((1) lit. a), obligation on the requirements referred to in art. 3 3 para. (2), and all the effects of the provisions of this Treaty and of the Implementing Regulation, which are applicable to intergovernmental organisations of industrial property. If the declaration is presented before the entry into force of this Treaty in accordance with the provisions of art 16 16 para. (the declaration referred to in the preceding sentence shall take effect on the date of entry into force of the Treaty. If the declaration is submitted after the entry into force of the Treaty, that declaration shall take effect 3 months after its submission, provided that no later date is indicated in that declaration. In the latter case, the declaration shall take effect on the date so indicated. b) The organization has the right provided for in 3 3 para. ((1) lit. b). (2) In case of revision or modification of any provision of this Treaty or the implementing regulation, affecting intergovernmental organizations of industrial property, any intergovernmental organization of property industrial may withdraw its declaration referred to in paragraph 1 (1) by a notification addressed to the Director-General. Withdrawal takes effect: ((i) on the date of entry into force of the review or amendment, if the notification has been received before that date; ((ii) on the date indicated in the notification, if the notification was received after the date referred to in point ((i) or, in the absence of such indication, 3 months after the date on which the notification was received. ((3) Apart from the case referred to in par. (2), any industrial property organization may withdraw its declaration referred to in par. ((1) lit. a) by a notification addressed to the Director-General. The withdrawal shall take effect 2 years from the date on which the Director-General received the notification. No notice of withdrawal under the provisions of this paragraph may be received during a period of 5 years starting from the date on which the declaration began to take effect. ((4) The withdrawal referred to in par. (2) or (3) by an intergovernmental organization of industrial property, whose communication according to art. 7 7 para. ((1) has led to the acquisition by an institution of deposit of the status of an international depositary authority, has the effect of termination of this status one year after the date on which the Director-General received the notification of withdrawal. (5) Any statement referred to in par. ((1) lit. a), any notice of withdrawal referred to in par. ((2) or (3), any insurance given on the basis of art. 6 6 para. (1) the second sentence, contained in a statement presented according to art. 7 7 para. ((1) lit. a), any request made on the basis of art. 8 8 para. ((1) and any communication of withdrawal referred to in art. 8 8 para. (2) require the express prior approval of the sovereign body of the intergovernmental organization of industrial property whose members are all member states of that organization and where the decisions are taken by the representatives officials of these states ' governments. + Chapter 2 Administrative provisions + Article 10 Assembly (1) a) The Assembly shall be composed of Contracting States. b) Each Contracting State shall be represented by a delegate, which may be assisted by alternates, advisers and experts. c) Each intergovernmental organization of industrial property is represented by special observers at the Assembly meetings and by any committee and working group created by the Assembly. d) Any State that is not a member of the Union, but is a member of the Organization or of the International Union for the Protection of Industrial Property (Paris Union) and any intergovernmental organization specialized in the field of patents, which is not an intergovernmental organization of industrial property within the meaning of art. 2 2 section ((v), may be represented by observers at the meetings of the Assembly and, if the Assembly so decides, at the meetings of any committee or working group created by the Assembly. ((2) a) Assembly: ((i) deal with all matters concerning the maintenance and development of the Union and the application of ((ii) exercise the rights conferred on it in particular and carry out the tasks assigned to it in particular by this Treaty; (iii) give the Director-General Directives on the preparation of the review conferences; ((iv) examine and approve the reports and activities of the Director-General with regard to the Union and give him all relevant directives on matters of Union competence; ((v) create the committees and working groups it considers useful to facilitate the activities of the Union; (vi) decides, subject to the provisions of par. ((1) lit. d), which are states, other than contracting states, which are intergovernmental organizations, other than intergovernmental organizations of industrial property within the meaning of art. 2 2 section ((v) and which are non-governmental international organisations which are admitted to its meetings as observers and decide on the extent to which the international depositary authorities are admitted to its meetings as observers; (vii) undertake any other appropriate action to achieve the objectives of the Union; ((viii) perform any other useful functions within the framework of this Treaty. b) In matters which are also of interest to other unions administered by the Organization, the Assembly shall act after it has become aware of the opinion of the Coordination Committee of the Organization. (. A delegate may represent only one Contracting State and shall only vote on its behalf. (. Each Contracting State shall have one vote. ((5) A) Half of the number of Contracting States shall constitute a quorum. b) If this quorum is not achieved, the Assembly may make judgments; however these decisions, except those concerning the Assembly procedure, shall become enforceable only to the extent that the quorum and the majority required are met by way of voting by correspondence, provided for by the implementing regulation. (6) a) Subject to the provisions of art. 8 8 para. ((1) lit. c), of art. 12 12 para. ((4) and art. 14 14 para. ((2) lit. b), the decisions of the Assembly shall be taken by a majority b) Abholding is not considered a vote. (7) a) The Assembly shall meet once every 2 years in ordinary session, at the convocation of the Director-General and, as far as possible, in the same period and in the same place as the General Assembly of the Organization. b) The Assembly shall meet in extraordinary session at the convocation addressed by the Director-General, either on his own initiative or at the request of a fourth of the Contracting States. c) The Assembly adopts its internal regulation + Article 11 International Bureau (1) International Bureau: ((i) carry out the administrative tasks of the Union, in particular those which are conferred on it in particular by this Treaty and by the Implementing Regulation or by the Assembly; ((ii) ensure the secretariat of the review conferences, the Assembly, the committees and the working groups created by the Assembly and any other meeting convened by the Director-General, which relates to matters concerning the Union. (. The Director-General shall be the highest official of the Union and shall represent it. (. The Director-General shall convene all meetings dealing with matters of concern to the Union. (a) The Director-General and any staff member designated by him shall participate, without the right to vote, at all meetings of the Assembly, committees and working groups created by the Assembly and at any other meeting convened by the Director-General, dealing with problems that interest the Union. b) The Director-General or a staff member appointed by him shall be, ex officio, the Secretary of the Assembly and the committees, working groups and other meetings referred to in point. a). (5) a) The Director-General shall prepare the revision conferences according to the Assembly directives. b) The Director-General may consult intergovernmental organizations and international non-governmental organizations on the preparation of the review conferences. c) The Director-General and the persons designated by him shall participate, without the right to vote, at the discussions during the review conferences. d) The Director-General or any staff member appointed by him shall, ex officio, be the Secretary of any Review Conference. + Article 12 Implementing Regulation (. The Implementing Regulation shall contain rules on: (i) the problems to which this Treaty expressly refers to the implementing regulation or expressly provides that they are or will be subject to provisions; ((ii) any conditions, problems or procedures of an administrative nature; ((iii) any useful details for the application of the provisions of this Treaty (. The implementing Regulation of this Treaty shall be adopted with the Treaty and shall be annexed thereto. (3) The Assembly may amend the implementing regulation. ((4) a) Subject to lit. b) the adoption of any amendment to the implementing regulation requires two thirds of the votes cast. b) For the adoption of any amendment relating to the remission, by the international depositary authorities, of samples of the micro-organisms submitted, no Contracting State shall be required to vote against the proposed amendment. (. In the event of inconsistencies between the text of this Treaty and that of the implementing Regulation, the text of the Treaty shall apply. + Chapter 3 Revision and amendment + Article 13 Treaty revision ((. This Treaty may be periodically reviewed by conferences of the Contracting States. (2) The convocation of the revision conferences shall be decided by the Assembly. (3) Articles 10 and 11 may be amended either by a review conference or in accordance with the provisions of art. 14. + Article 14 Amendment of certain Treaty provisions (1) a) Proposals to amend art. 10 10 and 11, made on the basis of this Article, may be submitted by any Contracting State or the Director-General. b) These proposals shall be communicated by the Director-General to the Contracting States at least 6 months before the Assembly is examined. (2) a) Any modification of the articles referred to in par. (1) shall be adopted by the Assembly. b) Adoption of any amendment of art. 10 requires four fifths of the number of votes cast; adoption of any amendment of art. 11 requires three-fourths of the votes cast. (3) a) Any modification of the articles referred to in par. (1) shall enter into force one month after the receipt by the Director-General of written notifications of acceptance, carried out in accordance with their respective constitutional rules, of three quarters of the number of Contracting States which were Members of the Assembly when it adopted the amendment. b) Any amendment to such articles accepted shall bind all Contracting States which were Contracting States on the date on which the Assembly adopted the amendment, being understood as any amendment creating financial obligations for those Contracting States or which increase those obligations shall only bind those of them which have notified their acceptance of this amendment. c) Any change accepted and entered into force in accordance with lit. a) bind all States that become Contracting States after the date on which the amendment was adopted by the Assembly. + Chapter 4 Final clauses + Article 15 Ways to become part of the treaty ((. Any Member State of the International Union for the Protection of Industrial Property (the Paris Union) may become a party to this Treaty by: ((i) signature, followed by the deposit of an instrument of ratification; or (ii) the lodging of an instrument of accession. ((. The instruments of ratification or accession shall be deposited with the Director-General. + Article 16 Entry into force of the Treaty ((. This Treaty shall enter into force, as regards the first five States which have deposited their instruments of ratification or accession, 3 months after the date on which the fifth instrument of ratification or accession has been deposited. ((. This Treaty shall enter into force, in respect of any other State, 3 months after the date on which that State has deposited its instrument of ratification or accession, provided that it is not indicated in the instrument of ratification or of accession. In the latter case, this Treaty shall enter into force on that State on the date so indicated. + Article 17 Whistleblowing ((. Any Contracting State may denounce this Treaty by a notification addressed to the Director-General. ((. Denunciation shall take effect 2 years after the date on which the Director-General received the notification. ((3) The possibility to denounce the present Treaty, provided in par. ((1), may not be exercised by a Contracting State before the expiry of a period of 5 years from the date on which it became a party to this Treaty. ((4) Denunciation of this Treaty by a Contracting State which made a declaration referred to in art. 7 7 para. ((1) lit. a) with regard to a deposit institution that has thus acquired the status of an international deposit authority has the effect of ending this status one year after the date on which the Director-General received the notification referred to in par. ((1). + Article 18 Treaty signing and languages ((1) a) This Treaty is signed in a single original copy, in French and English, with the two texts having equal value. b) Official texts of this Treaty shall be determined by the Director-General, after consultation of the Governments concerned and, within two months after the signing of this Treaty, in other languages in which the Convention was signed establishing the World Organisation of Intellectual Property. c) Official texts of this Treaty shall be determined by the Director-General, after consulting the Governments concerned, in German, Arabic, Italian, Japanese and Portuguese and in other languages which the Assembly may indicate. ((. This Treaty shall remain open for signature in Budapest until 31 December 1977. + Article 19 Deposit of the Treaty; transmission of children; registration of (1) The original example of this Treaty, if it is no longer open for signature, shall be submitted to the Director-General. (2) The Director-General shall certify and transmit two copies of this Treaty and of the implementing regulation to the Governments of all the States referred to in Article 15 15 para. ((1) and intergovernmental organizations that may submit a declaration in accordance with the provisions of art. 9 9 para. ((1) lit. a), and, upon request, to the government of any other state. (. The Director-General shall take measures to 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 the Implementing Regulation to all Contracting States and to all intergovernmental organizations of industrial property, as well as, to request, the government of any other state and any other intergovernmental organization that may present a declaration in accordance with the provisions of art. 9 9 para. ((1) lit. a). + Article 20 Notifications The Director-General shall notify the Contracting States, the intergovernmental industrial property organisations and the non-Union Member States, but are members of the International Union for the Protection of Industrial Property (Union of in Paris): (i) signatures submitted according to art. 18 18; (ii) the deposit of instruments of ratification or accession in accordance with art. 15 15 para. ((2); (iii) the declarations presented in accordance with 9 9 para. ((1) lit. a) and notifications of withdrawal according to art. 9 9 para. ((2) or (3); (iv) the date of entry into force of this Treaty in accordance with 16 16 para. ((1); (v) communications according to art. 7 and 8 and decisions according to art. 8 8; (vi) acceptance of amendments to this Treaty in accordance with art. 14 14 para. ((3); (vii) amendments to the implementing regulation; (viii) the dates of entry into force of the amendments to the Treaty or the Implementing Regulation; (ix) any denunciation notified according to art. 17. + REGULATION implementing the Treaty of Budapest on the international recognition of the deposit of micro-organisms for the purposes of the patent procedure RULES 1 Shortened expressions and interpretation of the word signature 1.1. Treaty For the purposes of this Implementing Regulation, the Treaty of Budapest on the international recognition of the deposit of micro-organisms for the purposes of the patent procedure is understood by the Treaty. 1.2. Article For the purposes of this Implementing Regulation, the article shall mean the article indicated in the Treaty. 1.3. Signature For the purposes of this Implementing Regulation, where the law of the State on whose territory an international depositary authority is situated requires the use of a seal instead of a signature, it is understood that the term signature means the seal of this authority. RULES 2 International depositary authorities 2.1. Legal status The international depositary authority may be a public body, as well as any public institution, attached to a public administration other than the central government or a private undertaking. 2.2. Personnel and installations The conditions mentioned in art. 6 6 para. ((2) ((ii) are, in particular, the following: ((i) the staff and installations of the international holding authority must allow the preservation of the micro-organisms deposited in a way that guarantees their viability and the lack of contamination; ((ii) the international depositary authority shall provide for the conservation of micro-organisms sufficient security measures to minimise the risk of the loss of micro-organisms deposited therein. 2.3. Remission of samples The conditions mentioned in art. 6 6 para. ((2) ((viii) shall include, in particular, the condition that the international depositary authority must quickly and conveniently draw samples of the micro-organisms deposited. RULES 3 Acquisition of the status of an international deposit authority 3.1. Communication a) Communication referred to in art. 7 7 para. (1) is addressed, in the case of a contracting state, to the Director-General, by diplomatic means, or, in the case of an intergovernmental organization of industrial property, by its most senior official. b) Communication: ((i) indicate the name and address of the deposit institution to which it relates; ((ii) contains detailed information on the capacity of the institution concerned to meet the conditions laid down in art. 6 6 para. (2), as well as information on its legal status, scientific level, personnel and facilities; ((iii) where that institution intends not to accept in storage other than certain types of micro-organisms, it shall specify these types; ((iv) indicate the amount of the fees that the institution will charge, if it will acquire the status of an international depositary authority, for the preservation, the declarations on viability and for the remission of samples micro-organisms; ((v) indicate the official language or official languages of that institution; ((vi) where applicable, shall indicate the date referred to in art. 7 7 para. ((1) lit. b). 3.2. Communication treatment If the communication is in accordance with the provisions 7 7 para. ((1) and of Rule 3.1, the Director-General shall notify all Contracting States and all intergovernmental organisations of industrial property in the short term and the International Office shall publish it at short notice. 3.3. Extension of the list of accepted micro-organisms The contracting state or the intergovernmental organization of industrial property, which made the communication referred to in art. 7 7 para. (1), may subsequently, at any time, notify the Director-General that his assurances extend to specific types of micro-organisms on which the insurance did not extend until that time. In such a case, as regards the additional types of micro-organisms, the provisions of art. 7 7 and rules 3.1 and 3.2 shall apply by analogy. RULES 4 Termination or limitation of the status of an international deposit authority 4.1. Application; treatment of application a) Application referred to in art. 8 8 para. ((1) lit. a) is addressed to the Director-General in accordance with the provisions of the 3.1 para. a). b) Application: ((i) indicate the name and address of the international repository authority to which it relates; ((ii) where it relates only to certain types of micro-organisms, it shall specify these types; ((iii) indicate in detail the facts on which it is based. c) If the application complies with paragraph a) and b), the Director-General shall notify it, at short notice, to all Contracting States and to all intergovernmental organisations of industrial property. d) Subject to the provisions of para. e), the Assembly shall examine the proposal at the earliest 6 months and at the latest 8 months after the date of notification of the application. e) If, according to the opinion of the Director General, compliance with the deadline provided in par. d) could endanger the interests of effective or potential applicants, the Director-General may convene the Assembly on a date prior to the expiry of the 6-month period provided for in par. d). f) If the Assembly decides to cease the status of an international depositary authority or limit it to certain types of micro-organisms, the decision shall take effect 3 months from the date on which it was taken. 4.2. Communication; effective date; treatment of communication a) Communication referred to in art. 8 8 para. ((2) lit. a) is addressed to the Director-General in accordance with the provisions of the 3.1 para. a). b) Communication: ((i) indicate the name and address of the international repository authority to which it relates; ((ii) where it relates only to certain types of micro-organisms, it shall specify these types; ((iii) if the contracting state or the intergovernmental organization of industrial property that makes the communication wishes that the effects provided for in art. 8 8 para. ((2) lit. b) to produce at a later date the expiry of a period of 3 months from the date of the communication, indicates this date back. c) In case of application of para. b) section (iii), the effects referred to in art. 8 8 para. ((2) lit. b) are produced on the date indicated on the basis of that paragraph of the communication; otherwise, they shall be produced on the expiry of a period of 3 months from the date of communication. d) The Director-General shall notify, at short notice, to all Contracting States and to all intergovernmental organizations of industrial property any communication received under art. 8 8 para. (2), as well as its effective date on the basis of para. c). An appropriate opinion is published, in the short term, by the International Bureau. 4.3. Consequences for deposits In case of termination or limitation of the status of international deposit authority based on art. 8 8 para. ((1) and (2), art. 9 9 para. ((4) or art. 17 17 para. ((4), Rule 5.1. is applied by analogy. RULES 5 The International Deposit Authority's deficiency 5.1. Termination of the functions of micro-organisms submitted a) If an international depositary authority ceases, temporarily or definitively, to carry out the tasks accruing to it under the Treaty and to this Implementing Regulation with regard to the micro-organisms submitted by it, the Contracting State or the intergovernmental organization of industrial property, which provided this authority with insurance on the basis of art. 6 6 para. ((1): ((i) ensure, as far as possible, the transfer of samples of all these micro-organisms, in the short term and without deterioration or contamination, from that authority (the failing authority) to another international holding authority (replacement authority); ((ii) ensure, as far as possible, the transmission to the replacement authority, in the short term, of any correspondence or other communication addressed to the failing authority, as well as all the files and other relevant information which this authority possesses with regard to the micro-organisms concerned; ((iii) ensure, as far as possible, the notification in the short term, by the failing authority, of the cessation of the performance of the functions and of the transfers made, of all interested applicants; (iv) notify, in short term, to the Director-General the termination of the exercise of his functions and extent, as well as the measures taken by that Contracting State or by that intergovernmental organization of industrial property, based on the ((i)-(iii). b) The Director General shall transmit, in short term, to the Contracting States and to the intergovernmental organizations of industrial property, as well as to the industrial property offices the notification received under the provisions a) section ((iv); the notification made by the Director-General and the notification he has received shall be published, at short notice, by the International Bureau. c) On the basis of the patent procedure that is applicable, it may be required that the applicant, if he receives the certificate provided for in rule 7.5, notify, within a short period, of any industrial property office at which a patent application and taking into account the original deposit, the new order number assigned to the deposit by the replacement authority. d) The replacement authority shall maintain, in an appropriate form, in addition to the new order number, the number of orders assigned by the failing authority. e) In addition to any transfer made under the provisions of par. a) section ((i), the failing authority shall transfer, to the extent possible, at the request of the applicant, a sample of any micro-organism deposited thereto, as well as copies of any correspondence or communication and from all files and other information. pertinent, referred to in par. a) section ((ii), to any international warehouse authority other than the replacement authority, which the applicant indicates, provided that the applicant pays to the failing authority all the expenses arising from this transfer. The applicant shall pay the fee for the preservation of that sample to the international repository authority which he has indicated. f) At the request of the applicant concerned, the food authority shall, as far as possible, keep samples of the micro-organisms lodged therein 5.2. Refusal to accept certain types of micro-organisms a) If an international depositary authority refuses to accept in the warehouse one of the types of micro-organisms it should accept under the insurance offered, the contracting state or the intergovernmental organization of property industrial which has made, with regard to this authority, the declaration referred to in art. 7 7 para. ((1) lit. a) notify, in the short term, to the Director-General of those facts and the measures taken. b) The Director General shall transmit, in short term, to the other Contracting States and to the intergovernmental organizations of industrial property the notification received under the provisions a); the notification made by the Director-General and the notification he received are published, in short term, by the International Bureau. RULES 6 Arrangements for the initial deposit and the new deposit 6.1. Initial deposit a) The micro-organism transmitted by the applicant to the international holding authority shall be accompanied, unless the provisions of Rule 6.2 are applied, by a written declaration bearing the signature of the applicant and containing: ((i) the indication that the deposit is made on the basis of the Treaty and the commitment not to withdraw it during the period specified in Rule 9.1; (ii) name and address of applicant; ((iii) the detailed description of the conditions which must be met in order to cultivate the micro-organism, to preserve it and to control its viability and, apart from that, where the deposit relates to a mixture of micro-organisms, the description of the components of the mixture and at least one of the methods to verify their presence; ((iv) identification reference (e.g. number or symbols) given by the applicant to the micro-organism; (v) the indication of the properties of the micro-organism, which presents or may present health hazards or the environment, or the indication that the applicant is not aware of such properties. b) It is strongly recommended that the written declaration, referred to in par. a), to contain the proposed scientific and/or taxonomic description of the deposited microorganism. 6.2. New warehouse a) Subject to the provisions of para. b), in the case of the new deposit, made on the basis 4 4, the micro-organism transmitted by the applicant to the international repository authority shall be accompanied by a copy of the certificate relating to the previous deposit, a copy of the latest declaration on the viability of the micro-organism that was making the object of the previous deposit, indicating that the micro-organism is viable, as well as a written declaration bearing the applicant's signature and containing: (i) the indications referred to in Rule 6.1 a) section ((i)-(v); ((ii) a statement stating the reason for the applicable Article. 4 4 para. ((1) lit. a) for which the new deposit is made, a declaration stating that the micro-organism subject to the new deposit is the same as that which was the subject of the previous deposit and the indication of the date on which the applicant received the said notification to art. 4 4 para. ((1) lit. a) or, where applicable, the date of publication referred to in art. 4 4 para. ((1) lit. e); ((iii) where a proposed scientific and/or taxonomic description has been indicated in relation to the previous warehouse, the most recent scientific and/or taxonomic description proposed, as communicated to the international deposit authority at which had been carried out previously. b) If the new deposit is made to the international deposit authority to which the previous deposit was made, the provisions of par. a) section ((i) shall not apply. c) For the purposes of paragraph a) and b) and of the 7.4 rule, through the previous deposit it is understood: ((i) where the new deposit has been preceded by one or more other new deposits: the most recent of these new deposits; ((ii) where the new deposit has not been preceded by one or more other new deposits: the original deposit. 6.3. Requirements of the international deposit authority a) Any international depositary authority may request: ((i) that the micro-organism is deposited in the form and quantity which is necessary for the purposes of the Treaty and of this Implementing Regulation; ((ii) a form established by that authority is provided and completed in accordance with the applicant, within the meaning of the administrative procedures of that authority; (iii) as the written declaration, referred to in Rule 6.1 para. a) or at the rule 6.2 para. a), be drawn up in the language or in one of the languages designated by that authority, taking into account that this designation must include, in any case, the official/official language (s) indicated/indicated in the 3.1 para. b) section ((v); (iv) the conservation fee referred to in Rule 12.1 para. a) section ((i); and ((v) in so far as the applicable law allows it, the applicant shall conclude with that authority a contract defining the responsibilities of the applicant and that authority. b) Any international depositary authority shall, where appropriate, communicate these requirements and any amendments thereto to the International Bureau. 6.4. Acceptance procedure a) The International Deposit Authority shall refuse acceptance of the micro-organism and shall notify the applicant immediately in writing of the refusal, ((i) if the micro-organism does not belong to a type of micro-organism to which the insurance offered under rule 3.1 is extended. para. b) section ((iii) or 3.3; ((ii) if the micro-organism has exceptional properties, so that the international depositary authority is not technically able to carry out its tasks under the Treaty and this Regulation; application; or ((iii) if the deposit is received in a state which clearly indicates that the micro-organism is missing or excluding, for scientific reasons, the acceptance of the micro-organism. b) Subject to the provisions of para. a), the international deposit authority accepts the micro-organism, if all the requirements referred to in the 6.1 para. rule have been met. a) or 6.2 para. a) and to the rule 6.3 para. a). If these requirements have not been met, the international depositary authority shall immediately notify the applicant in writing by inviting him to meet them. c) If the micro-organism has been accepted as an initial deposit or as a new deposit, the date of the initial deposit or of the new deposit, as the case may be, is the date on which the micro-organism was received by the international deposit authority. d) The international deposit authority, at the request of the applicant and provided that all the requirements referred to in par. b) have been fulfilled, consider a micro-organism, filed before the acquisition of this authority of the status of international depositary authority, as being received, within the meaning of the treaty, on the date on which it acquired this status. RULES 7 Certificate 7.1. Issue of certificate As regards each micro-organism deposit, which is carried out to the international deposit authority or transferred to it, the international deposit authority shall issue a certificate to the applicant, attesting the receipt and acceptance of microorganism 7.2. Shape; language; signature a) The certificate referred to in Rule 7.1 has the form established on a form, called an international form, the model of which is established by the Director-General, in the languages indicated by the Assembly. b) Any word or letter inscribed in the certificate with characters other than Latin must also appear by transliteration, in Latin characters. c) The certificate shall bear the signature of the competent person or persons competent to represent the international depositary authority or of any official of that authority, authorized in accordance with that person or by those persons. people. 7.3. Content in the case of an initial deposit The certificate referred to in Rule 7.1 and released in case of initial deposit shall indicate that it shall be issued by the institution of deposit as an international depositary authority, on the basis of the Treaty, and shall contain, at least, the following indications: (i) the name and address of the international deposit authority; (ii) name and address of applicant; ((iii) the date of the initial deposit as defined in the 6.4 para. c); ((iv) identification reference (e.g. number or symbols) given by the applicant to the micro-organism; ((v) the number of orders assigned to the deposit by the international depositary authority; ((vi) where the written declaration referred to in Rule 6.1 (1) a), includes the proposed scientific and/or taxonomic description of the micro-organism, a mention of this fact. 7.4. Content, in case of a new deposit Certificate referred to in Rule 7.1 and issued in the case of a new deposit made under art. 4 is accompanied by a copy of the certificate relating to the previous deposit (within the meaning of Rule 6.2 para. 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 para. c)], indicating that the micro-organism is viable, and contains at least: (i) the name and address of the international deposit authority; (ii) name and address of applicant; ((iii) the date of the new deposit, as defined in rule 6.4 para. c); ((iv) identification reference (e.g. number or symbols) given by the applicant to the micro-organism; ((v) the number of orders assigned to the new deposit by the international deposit authority; (vi) the indication of the applicable reason and the applicable date referred to by the applicant on the basis of Rule 6.2 para. a) section ((ii); ((vii) in the case of application of the 6.2 para. a) section ((iii) a statement that the applicant has indicated a proposed scientific and/or taxonomic description; (viii) the number of orders assigned to the previous deposit (within the meaning of Rule 6.2 para. c)]. 7.5. Content, in case of transfer The international depositary authority to which the samples of micro-organisms are transferred on the basis of the 5.1 para. rule. a) section ((i) issue to the applicant, for each deposit in respect of which a sample is transferred, a certificate stating that it is issued by the deposit institution as an international depositary authority, under the Treaty, and containing at least: (i) the name and address of the international deposit authority; (ii) name and address of applicant; ((iii) the date on which the transferred sample was received by the international deposit authority (transfer date); ((iv) identification reference (e.g. number or symbols) given by the applicant to the micro-organism; ((v) the number of orders assigned by the international depositary authority; ((vi) the name and address of the international repository authority from which the transfer was made; ((vii) the number of orders assigned by the international depositary authority from which the transfer was made; (viii) where the written declaration referred to in Rule 6.1 (1) a) or 6.2 para. a), it contained the proposed scientific and/or taxonomic description of the micro-organism or if this proposed scientific and/or taxonomic description was indicated or subsequently modified, based on the 8.1 rule, a mention of this fact. 7.6. Communication of the proposed scientific and/or taxonomic description At the request of any party which has the right to draw a sample of the micro-organism under rule 11.1, 11.2 or 11.3, the international depositary authority shall communicate to this party the most recent scientific and/or taxonomic description proposed, referred to in the rules 6.1 para. b), 6.2 para. a) section ((iii) or 8.1 para. b) section ((iii). RULES 8 Subsequent indication or changes to the proposed scientific and/or taxonomic description 8.1. Communication a) If, in connection with the storage of a micro-organism, the scientific and/or taxonomic description of the micro-organism has not been indicated, the applicant may subsequently indicate it or, if it has been indicated, modify it. b) Such a subsequent indication or such subsequent amendment is made by written communication, bearing the applicant's signature, addressed to the international repository authority, which contains: ((i) name and address of applicant; (ii) the number of orders assigned by that authority; (iii) the scientific and/or taxonomic description of the micro-organism, proposed; ((iv) in case of modification, previous scientific description and/or previous taxonomic description, proposed. 8.2. Certificate At the request of the applicant who made the communication referred to in Rule 8.1, the international depositary authority shall issue a certificate indicating the data referred to in Rule 8.1 para. b) section ((i)-(iv) and the date of receipt of such communication RULES 9 Conservation of micro 9.1. Duration of conservation Any micro-organism deposited with an international depositary authority shall be preserved by it with all the necessary care regarding its viability and without contamination, for a period of at least 5 years from the receipt by that authority of the more recent requests for the remission of a sample of the micro-organism deposited and, in all cases, for a period of at least 30 years from the date of the deposit. 9.2. Secret The international depositary authority shall not provide any person with information on whether a micro-organism has been lodged with it on the basis of the Treaty. Apart from that, it does not provide any person with any information on any micro-organism submitted to it under the treaty unless it is not an authority or a natural or legal person who has the right to obtain a sample of that micro-organism on the basis of rule 11 and subject to the same conditions as laid down in that rule. RULES 10 Viability control and viability declaration 10.1. Control obligation The international depositary authority shall control the viability of each micro-organism deposited therein: ((i) in the short term, following any deposit referred to in Rule 6 or any transfer referred to in Rule 5.1; ((ii) at appropriate intervals, according to the type of the applicable micro-organism and conservation conditions, or at any time, if necessary for technical reasons; ((iii) at any time at the request of the applicant. 10.2 Statement of viability a) The International Deposit Authority shall issue a declaration on the viability of the micro-organism ((i) the applicant, in the short term, following any deposit referred to in Rule 6 or any transfer referred to in Rule 5.1; ((ii) the applicant, at his request, at any time after the deposit or transfer has been made; (iii) the industrial property office of the authority, other than that office, to the natural or legal person other than the applicant, to whom samples of the micro-organism submitted under rule 11 have been remitted, at his request, with the remission or at any time from this. b) The declaration of viability indicates whether the micro-organism is viable or if it is no longer viable and contains: ((i) the name and address of the issuing international repository authority; (ii) name and address of applicant; ((iii) the date referred to in Article 7.3, ((iii) or, if a new deposit or transfer has been made, the most recent of the data referred to in the rules of 7.4 item ((iii) and 7.5 pt. ((iii); ((iv) the number of orders assigned by that international holding authority; ((v) the date of the control to which it relates ((vi) information about the conditions under which the viability control was carried out, all the more so as this information was requested by the recipient of the declaration on viability and the results of the control were negative. c) In case of application of para. a) section ((ii) or (iii), the declaration of viability refers to the most recent control of viability. d) In terms of shape, languages and signature, the 7.2 rule applies, by analogy, to the declaration on viability. e) Declaration on viability shall be issued free of charge in the case referred to in paragraph a) section ((i) or if it is required by an industrial property office. Tax due under rule 12.1 (a) (a) ((iii) in respect of any other declaration of viability, it shall be the responsibility of the party requesting the declaration and must be paid before or upon presentation of the application. RULES 11 Remission of samples 11.1. Remission of samples to industrial property offices concerned The international repository authority shall draw a sample of any micro-organism deposited at the industrial property office of any Contracting State or any intergovernmental industrial property organisation at the request of this the Office, provided that the application is accompanied by a statement on the terms of which: (i) an application relating to the storage of the micro-organism has been submitted to that Office for the purpose of issuing a patent and its subject matter for the micro-organism or its use; (ii) this application is pending before this office or has led to the issuance of a patent; (iii) the sample is necessary for the purposes of a patent procedure which has an effect in this Contracting State or in this organisation or in its Member States; ((iv) the sample and any information accompanying it or referring to it shall only be used for the purposes of that patent procedure. 11.2. Remission of samples to the applicant or his authorisation The international repository authority shall draw up a sample of any micro-organism deposited: ((i) the applicant, at his request; (ii) any authority or natural or legal person, hereinafter referred to as the authorized party, at its request, provided that the application is accompanied by a declaration by the applicant authorising the remission of samples Requested. 11.3. Remission of samples to the parties entitled to it a) The international repository authority shall draw a sample of any micro-organism deposited to any authority or natural or legal person, hereinafter referred to as the attested party, at its request, provided that the application is made on a form whose content is established by the Assembly and as an industrial property office to attest in this form: ((i) that an application relating to the storage of the micro-organism has been submitted to that office in order to issue a patent and that it relates to the micro-organism or its use; ((ii) that, unless the second sentence of point (a) is applied, ((iii) a publication has been made by this Office for the purposes of the patent procedure; ((iii) whether the certified party is entitled to a sample of the micro-organism by virtue of the right which administers the patent procedure before that Office and that, if that right makes the right to the sample subject to certain conditions, this office has ensured that these conditions have actually been met, or that the attested party has submitted its signature on a form before that office and that, by signing this form, the conditions for the remission of a sample to the party attestations are considered fulfilled according to the law administering the patent procedure in front of to this office; if the attested party is entitled to the sample, on the basis of that right, before a publication by that office for the purposes of the patent procedure and if such publication has not yet been carried out, the certification shall indicate expressly and specifically mentions, quoting it, the applicable provision of that right, including any judicial decision. b) With regard to patents issued and published by any office of industrial property, it may periodically communicate to any international filing authority lists comprising the order numbers assigned by this authority. deposits of micro-organisms referred to in those patents. At the request of any authority or natural or legal person, hereinafter referred to as the applicant party, the international repository authority shall draw a sample of any micro-organism whose serial number has been thus communicated. With regard to the micro-organisms submitted, the order numbers of which have been communicated, this Office shall not be obliged to provide the attestation referred to in Rule 11.3 para. a). 11.4. Common rules a) Any application, declaration, certification or communication referred to in the rules 11.1, 11.2 and 11.3: (i) is written in French, English, Spanish or Russian, if it is addressed to an international deposit authority whose official language is or whose official languages are French, English, Spanish or, respectively, Russian; with all they, if it has to be written in Spanish or Russian, can be presented in French or English instead of Spanish or Russian and, if so presented, the International Bureau determines, in the short term, at the request of the interested party referred to in those rules or at the request international, free translation in Spanish or Russian, certified in accordance; ((ii) is drawn up, in all other cases, in French or English; however, it may be written in the official language or in one of the official languages of the international deposit authority instead of French or English. b) Despite the provisions of par. a), if the application referred to in rule 11.1 is drawn up by an industrial property office whose official language is Spanish or Russian, it may be written in Spanish or, respectively, the Russian and the International Bureau shall determine, in the short term, at the request of this office or the international repository authority which received that request, the free translation into French or English, certified in accordance. c) Any application, declaration, certification or communication referred to in the rules 11.1, 11.2 and 11.3 is written, signed and dated. d) Any application, declaration, certification or communication referred to in the rules 11.1, 11.2 and 11.3 para. a) contains the following indications: ((i) the name and address of the industrial property office presenting the application, of the authorized part or of the attested party, as the case may be (ii) the number of orders assigned to the deposit; ((iii) in the case of rule 11.1, the date and number of the application or patent referring to the deposit; ((iv) in the case of rule 11.3 para. a), the indications referred to in ((iii), as well as the name and address of the office of industrial property which made the attestation referred to therein. e) Any application referred to in Rule 11.3 para. b) contains the following indications: (i) the name and address of the requesting party; (ii) the number of orders assigned to the deposit. f) The international deposit authority shall mark with the order number assigned to the warehouse the container containing the sample delivered and enclose a copy of the certificate referred to in rule 7, indicating any properties of the micro-organism, which presents or may present health hazards or the environment, and, upon request, the indication of the conditions used by the international storage authority for the cultivation and preservation of the micro-organism. g) The international deposit authority which has issued a sample to any interested party other than the applicant, notifies it, in writing and in the short term, this fact, the date on which the sample was delivered, and the name and address of the office of industrial property, of the authorised party, of the attested party or of the requesting party to which the sample was delivered. This notification shall be accompanied by a copy of the corresponding application, by any declaration made on the basis of rule 11.1 or 11.2 item. ((ii) relating to that application and any form or application bearing the signature of the requesting party, as laid down in Rule 11.3. h) Remission of samples, referred to in rule 11.1, is made free of charge. In the case of remission of samples on the basis of rule 11.2 or 11.3, the tax due on the basis of rule 12.1 para. a) section ((iv) it is the responsibility of the applicant, the authorized party, the attested party or the requesting party, as the case may be, and must be paid before or upon presentation of the application. 11.5. Amendment of Rules 11.1 and 11.3 where applicable to international applications If an application was submitted as an international application under the Patent Cooperation Treaty, the reference, in the rules 11.1 item ((i) and 11.3 para. a) section ((i), upon presentation of the application to the office of industrial property is 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 in the sense the respective treaty, and the certification of a publication which is required by rule 11.3. para. a) section (ii) is, at the choice of the office of industrial property, either a certification of the international publication made on the basis of that treaty, or the certification of a publication made by the office of industrial property. RULES 12 Taxes 12.1. Types of fees and amounts a) The International Deposit Authority may, as regards the procedure provided for in the Treaty and this Implementing Regulation, levy a fee: ((i) for conservation; ((ii) for issuing the certificate referred to in Rule 8.2; ((iii) subject to the provisions of Rule 10.2 para. e) the first sentence, for the release of declarations on viability; (iv) subject to the provisions of Rule 11.4 para. h) the first sentence, for the remission of samples; ((v) for the communication of information under the provisions of the 7.6 rule. b) The conservation fee is valid for the entire period during which, according to the provisions of the 9.1 rule, the micro-organism is preserved. c) The amount of any tax must not depend on the nationality or domicile of the applicant, nor on the nationality or domicile of the authority or of the natural or legal person requesting the release of a declaration on viability or the remission of samples. 12.2. Modification of amounts a) Any change in the amount of fees charged by the international deposit authority shall be notified to the Director General of the Contracting State or the Intergovernmental Industrial Property Organization which made the said declaration Rule 7.1 on this authority. Subject to the provisions of para. c) the notification may contain an indication of the date from which the new charges are applicable b) The Director General shall transmit, in short term, to all Contracting States and to all intergovernmental organizations of industrial property any notification received under the provisions of par. a), as well as its effective date, based on the provisions of para. c); the notification made by the Director-General and the notification he received are published, in short term, by the International Bureau. c) The new taxes are applicable from the date indicated in par. a); however, if the change consists of an increase in the amounts of the taxes or if no date is indicated, the new fees are applicable from the 30th day after the date of publication of the change by the International Bureau. RULE 12 BIS Calculation of deadlines 12 bis. 1. The terms expressed in years If a term is expressed in a given number of years, it shall start from the day following that in which the event considered took place and shall expire in the subsequent year to be taken into account, the month having the same name and the day having the same date as the month and the day on which that event took place; however, if the subsequent month to be taken into account does not contain the same date, the term considered shall expire on the last day of that month. 12 bis. 2. The terms expressed in months If a term is expressed in a given number of months, it shall start from the day following that in which the event considered took place and shall expire in the subsequent month to be taken into account, the day having the same date as the day in which the event has taken place; however, if the subsequent month to be taken into account does not contain the same date, the term considered shall expire on the last day of that month. 12 bis. 3. The terms expressed in days If a term is expressed within a certain number of days, it shall begin from the day following that in which the event considered took place and shall expire on the last day of the term. RULES 13 Publication by the International Bureau 13.1. Publication form Any publication by the International Bureau, provided for in the Treaty or in this Implementing Regulation, is made in the monthly magazine of the International Bureau, which is referred to in the Paris Convention on the Protection of Industrial Property. 13.2. Content a) At least in the first number of each year of that journal, an updated list of international depositary authorities shall be published, indicating, for each of them, the types of micro-organisms that may be deposited and the amount of taxes b) Complete information on the following facts shall be published only once, in the first issue of that magazine, after their performance: ((i) any acquisition, cessation or limitation of the status of an international depositary authority and the measures taken in connection with this cessation or limitation; (ii) any extension referred to in Rule 3.3; (iii) any cessation of the functions of an international warehouse authority, any refusal to accept certain types of micro-organisms and the measures taken in relation to that cessation or refusal; ((iv) any change in the fees charged by the international depositary authority; (v) any request communicated according to the 6.3 para. b) and any modification thereof. RULES 14 Expenditure of delegations 14.1. Expenditure coverage The expenditure of each delegation participating in a meeting of the Assembly or of a committee, working group or other meeting dealing with matters within the competence of the Union shall be borne by the State or the organisation which has designated it. RULES 15 Quorum not reached at the Assembly 15.1. Postal voting a) In the case provided in art. 10 10 para. ((5) lit. b), the Director General shall communicate the decisions of the Assembly, other than those concerning the procedure of the Assembly, to the Contracting States which were not represented at the time of their adoption, inviting them to express in writing, within a period of 3 months from date of communication, vote or abstention. b) If at the expiry of that period the number of the Contracting States having cast their votes or abstaining in such a way reaches the number of the Contracting States which were missing in order for the quorum to be reached at the time of becomes enforceable provided that, at the same time, the required majority is met.