Law No. 75 Of 3 May 1999

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

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Law No. 75 of 3 May 1999 for Romania's accession to the Budapest Treaty concerning international recognition of the deposit of microorganisms for the purposes of patent procedure, signed on April 28, 1977, and amended on September 26, 1980 the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE nr. 210 of 13 May 1999, the Romanian Parliament adopts this law.


Article 1 Romania accede to the Budapest Treaty concerning international recognition of the deposit of microorganisms for the purposes of patent procedure, signed on April 28, 1977, and amended on September 26, 1980.


Article 2 the State Office for inventions and trademarks shall be empowered to present to the Director general of the World Intellectual Property Organization's statements in the application of this Treaty, in the light of Romania's interests, after their approval by the Romanian Government.
This law was adopted by the Senate at its meeting on 1 March 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting of 29 March 1999, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT PAULA IVANESCU BUDAPEST TREATY concerning the international recognition of the deposit of microorganisms for the purposes of patent procedure *) — — — — — — — — — — — — — * Note) version.

Introductory provisions Article 1 establishment of a Union the States parties to this Treaty, hereinafter referred to as the Contracting States are represented in the Union for the international recognition of the deposit of microorganisms for the purposes of patent procedure.


Article 2 Definitions for the purposes of this Treaty and of the implementing regulation: (i) any reference to the patent is meant as a reference to the patent, copyright certificates, utility certificates, utility models, patents or certificates to additional copyright certificates for invention and additional certificates of additional utility;
(them) through the deposit of micro-organisms, according to the context in which listed these words, means the following acts effected in accordance with this Treaty and regulation: a microorganism to an international deposit authority, which receives and accepts it, or the preservation of such a microorganism by the international deposit or at the same time, the transmission and preservation;
(iii) the patent shall mean any administrative or judicial proceedings in respect of a patent application or a patent;
(iv) for the purpose of publishing the patent procedure shall mean the official publication or making available to the public for formal verification of a patent application or a patent;
(v) through the intergovernmental industrial property organization means an organization that has submitted a declaration pursuant to article 13. 9 para. (1);
(vi) through the industrial property office shall mean an authority of a Contracting State or an intergovernmental industrial property organization which is jurisdiction to issue patents;
(vii) by deposit institution means an institution which ensures the receipt, acceptance and preservation of microorganisms and submitting samples thereof;
(viii) international deposit authority ' shall mean a deposit institution which has acquired the status of an international deposit authority under art. 7;
(ix) through depunator shall mean the individual or legal person who transmits a microorganism to an international deposit authority, which receives and accepts it, and any successor in title of the person;
(x) through the Union means the Union referred to in article 1. 1;
(xi) by Gathering means the Assembly referred to in article 1. 1;
(xii) through the Organization shall mean the World Intellectual Property Organization;
(xiii) International Office through means the International Bureau of the Organization and, as long as there will be international bureaus exist for the protection of intellectual property (BIRPI);
(xiv) by director-general means the Director-general of the Organization;
(xv) by implementing regulation means the implementing regulation referred to in article 1. 12 Chapter 1 Provisions of substantive Article 3 Recognition and effect of the deposit of microorganisms (1) Contracting States which allow), or cause to be set up for the purpose of deposit of microorganisms the procedure of patenting, acknowledge in this sense, the microorganisms, carried out at an international deposit authority. This recognition includes recognition of the deposit and the date thereof, as they indicate the international deposit authority, as well as the recognition that what was submitted as a sample is a sample of the deposited micro-organism.
  

(b) Any Contracting State) can request a copy of the receipt of the deposit referred to in issued by the authority) of the international deposit.
  

(2) with respect to issues covered by this Treaty and by the implementing regulation, any Contracting State may claim fulfilment of the other requirements, other than those provided for in this Treaty and the implementing regulation, or additional requirements.
  


Article 4 new deposit (1)) where, for any reason, the international deposit authority cannot submit samples of deposited micro-organism, and in particular: (i) where the micro-organism is no longer viable; or (them) where submitting samples would require sending them abroad and when restrictions on export or import to prevent sending or receipt of the samples abroad, this authority to notify the depunatorului that it is unable to submit samples shortly after finding this impossibility and indicate the reason; subject to paragraphs. (2) and in accordance with the provisions of this paragraph, the depunatorul has the right to carry out a new deposit of a microorganism that is the subject of the initial deposit.

b) new deposit shall be made at the international deposit authority to which the initial deposit was made; However: (i) the deposit is made at another international deposit authority, if the institution with which the original deposit was made has ceased to have the status of an international deposit authority, either entirely, or in terms of the kind of microorganism to which the deposited micro-organism belongs, or if the international deposit authority to which it has conducted initial deposit ceases temporarily or definitively , to perform their duties with respect to microorganisms deposited;
() the deposit can be made at another international deposit authority in the case referred to in subparagraph (a). a) (them).

c) Any new deposit shall be accompanied by a statement signed by depunator, in which he claims that the micro-organism that is subject to the new deposit is the same as that which was the subject of the initial deposit. If the claim is contested, depunatorului burden of proof for the applicable law.
  

(d) Notwithstanding subparagraph (a)). the-c)) and (e)), the new deposit is considered as if it had been carried out at the time of the initial deposit, if all previous statements concerning the viability of the microorganism which was the subject of the initial deposit has indicated that the micro-organism is viable and whether the new deposit was made within a period of 3 months from the date on which he received notification of the depunatorul referred to in subparagraph (a). a)) where the provisions of subparagraph (a) shall apply. b), point (i) and when depunatorul does not receive the notification referred to in (b). to) in a period of 6 months from the date on which the termination, limitation or stoppage of exercise the functions referred to in subparagraph (a). b), point (i) was published by the International Bureau, the period of 3 months referred to in subparagraph (a). (d)) shall be calculated as from the date of this publication.
  

(2) the right mentioned in paragraph 1. (1) (a). It is not valid to) if the micro-organism deposited has been transferred to another international deposit authority as long as it is as far as authority to submit samples of the micro-organism.
  


Article 5 Restrictions on exports and imports Each Contracting State recognizes that it is desirable, at a high level, as, where and to the extent that exports of the territory or the territory of importation or kinds of microorganisms is restricted, such restriction may not apply to micro-organisms which are filed or are intended to be submitted under this Treaty than where the restriction is necessary with regard to the national security or risks to health or the environment.


Article 6 status of international deposit authority (1) in order to be entitled to the status of an international deposit authority, an institution deposit must be located within the territory of a Contracting State and must benefit from assurances given by that State in accordance with that this institution meets and will continue to meet the conditions listed in paragraph 1. (2) these can be insurance, also given by an intergovernmental industrial property organization; in this case the deposit institution must be located on the territory of a Member State of this organization.
  

(2) deposit, as authoritative international deposit shall: (i) to exist on a permanent basis;
(them) to possess, in accordance with the implementing regulation, the staff and facilities necessary for the scientific and administrative tasks incumbent on it under this Treaty;

(iii) to be impartial and objective;
(iv) to be, for the purposes of deposit, available to all supplied under the same conditions;
(v) to accept the deposit of micro-organisms of all kinds or of certain types, examine their viability and, in accordance with the implementing regulation;
(vi) issue a certificate of depunatorului and any statement required on viability, in accordance with the implementing regulation;
(vii) to secrecy in respect of micro-organisms deposited in accordance with the implementing regulation;
(viii) to submit, under the conditions and in accordance with the procedure laid down in the implementing regulation, samples of any deposited microorganism.

3. the implementing regulation lays down the measures to be taken: (i) where the international deposit authority ceases, either temporarily or permanently, to exercise their functions in respect of deposited microorganisms or refuses to accept the kinds of microorganisms which it should accept them on the basis of insurance;
(them) in the event of termination or limitation of the status of international deposit authority of an international deposit authority.


Article 7 acquisition of the status of international deposit authority (1)) a deposit shall acquire the status of international deposit authority on the basis of a communication by which is addressed to the Director general by the Contracting State in which the institution is located and including a declaration containing that insurance institution that meets and will continue to meet the conditions listed in article. 6 paragraph 1. (2). This statute may be acquired, also on the basis of a communication by which is addressed to the Director-general by an intergovernmental industrial property organization, and that includes the statement referred to.
  

b) Communication contains also information about the institution, in accordance with the implementing regulation, and may indicate the date on which it should have effect the status of an international deposit authority.
  

(2) If the Director-general) finds that the communication contains the required declaration and that all the required information has been received, the communication shall be published shortly by the International Bureau.
  

b) deposit status of international authority shall be acquired as from the date of publication of the communication or, where a date has been indicated on the basis of paragraph 1. (1) (a). b) and if this date is the posting date of the rear part of the communication, as from such date.
  

(3) of the implementing regulation provides details of the procedure mentioned in paragraph 2. (1) and (2).
  


Article 8 Termination and limitation of the status of international deposit authority (1) Any Contracting State) or any intergovernmental industrial property organization may request the Assembly to decide on the termination of the status of international deposit authority in respect of an authority or its limitation to certain kinds of microorganisms, for the reason that the requirements listed in article. 6 have not been met or are no longer fulfilled. However, such a request may not be made by a Contracting State or an intergovernmental industrial property organization in respect of an international deposit authority in respect of which that State or that organization has made the Declaration referred to in article 1. 7 para. (1) (a). a)) prior to the application on the basis of the provisions of subparagraph (a). the Contracting State), or the intergovernmental industrial property organization will notify you, via the Director general, the Contracting State or intergovernmental industrial property organization which has made the communication referred to in article 1. 7 para. (1) the reasons for the application in question, in order that State or that organization to be able to take, within a period of 6 months from the date of notification, the appropriate measures to ensure that the presentation of the application to no longer be needed.
  

c) Assembly, if the application is found to be justified, deciding the termination status of the international deposit authority the authority referred to in its limitation to) or to certain kinds of microorganisms. Decision of the Assembly require a majority of two-thirds of the votes cast in favour of the request.
  

(2) the Contracting State or organization) intergovernmental industrial property which has made the Declaration referred to in article 1. 7 para. 1). a) can, by a communication addressed to the Director-general, to withdraw this statement completely or only to certain kinds of microorganisms and in any case, it must do so in the event and to the extent that its assurances are no longer applicable.
  

b) With effect from the date laid down in the implementing regulation of such conduct, if refers to the statement entirely, upon the termination of the status of international deposit authority or, if it relates only to certain kinds of microorganisms, a corresponding limitation of the said Statute.
  

(3) of the implementing regulation provides details of the procedure mentioned in paragraph 2. (1) and (2).
  


Article 9 intergovernmental industrial property Organizations (1) Any intergovernmental organization) which several States have entrusted to them the task of releasing patents with a regional character, and whose Member States are members of the International Union for the protection of industrial property (Paris Union) may submit to the Director-general a declaration according to which accepts the obligation of recognition provided for in article 10. 3 paragraphs 1 and 2. (1) (a). the obligation concerning the requirements), referred to in art. 3 paragraphs 1 and 2. (2), and all the provisions of this Treaty and of the implementing regulation, which are applicable to intergovernmental industrial property organizations. If the Declaration is lodged before the entry into force of this Treaty in accordance with the provisions of art. 391. (1) the statement referred to in the previous phrase take effect on the date of entry into force of the Treaty. If the Declaration is lodged after the entry into force of the Treaty, the said Declaration shall take effect 3 months after her presentation, provided that this statement should not be indicated later. In the latter case, the Declaration shall take effect on the date thus indicated.
  

b) entitled Organization referred to in article 1. 3 paragraphs 1 and 2. (1) (a). b). (2) In the event of a revision or amendment of any provision of this Treaty or of the implementing regulation, affecting intergovernmental industrial property organizations, any intergovernmental industrial property organization may withdraw the Declaration referred to in paragraph 1. (1) by means of a notification addressed to the Director general. The withdrawal shall take effect: (i) the date of entry into force of the amendment, revision or if notification has been received before that date;
() on the date indicated in the notification if notification has been received after the date referred to in point (i) or, in the absence of such indication, three months after the date on which notification was received.

(3) in addition to the case referred to in paragraph 1. (2) any industrial property organization may withdraw its declaration referred to in paragraph 1. (1) (a). the) by a notification addressed to the Director general. The withdrawal shall take effect two years after the date on which the Director general has received the notification. Any notice of withdrawal in accordance with the provisions of this paragraph may not receive during a period of 5 years from the date on which the Declaration began to have effect.
  

(4) the withdrawal referred to in paragraph 1. (2) or (3) by an intergovernmental industrial property organization, whose communication under art. 7 para. (1) led to the acquisition by a deposit institution the status of an international deposit authority, has the effect of termination of this Statute to one year from the date on which the Director general has received the notification of withdrawal.
  

(5) Any declaration referred to in paragraph 1. (1) (a). notification of), any withdrawal referred to in paragraph 1. (2) or (3), any insurance data pursuant to article 13. 6 paragraph 1. (1) the second phrase, contained in a declaration submitted under article. 7 para. (1) (a). any request), made pursuant to article 13. 8 para. (1) and any communication of withdrawal referred to in article 1. 8 para. (2) require the prior approval of the sovereign organ of the intergovernmental industrial property organization whose members are all the States members of the said organization and in which decisions are taken by official representatives of the Governments of those States.
  


Chapter 2 administrative provisions Article 10 Assembly (1)) the Assembly consists of the Contracting States.
  

b) either Contracting State is represented by one delegate who may be assisted by alternates, advisors, and experts.
  

c) each intergovernmental industrial property organization shall be represented by special observers to the meetings of the Assembly and any Committee and working group established by the Assembly.
  

d) Any State not 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 industrial property organization as defined in art. 2 (v) may be represented by observers at the meetings of the Assembly and, if the Assembly so decides, in the meetings of any Committee or working group created by the Assembly.
  

(2) a) Assembly: (i) deals with all matters concerning the maintenance and development of the Union and the implementation of this Treaty;

(them) to exercise the rights conferred on him specifically and meets the tasks specifically assigned to it under this Treaty;
(iii) give the Director general directive concerning the preparation for revision conferences;
(iv) review and approve the reports and activities of the Director general concerning the Union, and give them all the relevant directives relating to issues within the competence of the Union;
(v) create committees and working groups which it considers useful to facilitate the activities of the Union;
(vi) Decides, notwithstanding the provisions of paragraph 1. (1) (a). d), which States other than contracting States, which intergovernmental organizations are other than intergovernmental industrial property organizations as defined in art. 2, item (v) and non-governmental international organizations shall be admitted to its meetings as observers and decide the extent to which the international deposit shall be admitted to its meetings as observers;
(vii) undertake any other appropriate action to achieve the objectives of the Union;
(viii) meets any other useful functions under this Treaty.

b the interest), and also other unions administered by the Organization, the Assembly shall decide after taking notice of the opinion of the Coordination Committee of the organization.
  

(3) a delegate may not represent only one Contracting State and cannot vote than on his behalf.
  

(4) Each Contracting State shall have one vote.
  

(5) a) half the number of the Contracting States shall constitute a quorum.
  

b) If this quorum is not achieved, the Assembly can take decisions; However these decisions, except those relating to the procedure of the Assembly, do not become enforceable only to the extent that the quorum and the majority required are fulfilled on the path of correspondence voting, as provided for in the implementing regulation.
  

(6) subject to the provisions of article). 8 para. (1) (a). c), art. 12(3). (4) and art. 14. (2) (a). b), the decisions of the Assembly shall be taken by a majority of the votes cast.
  

b) Abstention is not considered as voting.
  

(7) a) Assembly once it gathers every two years in regular session, at the request of the Director-general and, wherever possible, in the same period and at the same place as the General Assembly of the organization.
  

b) Assembly in extraordinary session is to bring together the summons addressed to the Director general, either on his own initiative or at the request of a quarter of the Contracting States.
  

(c) the Assembly shall adopt its own rules) or inside.
  


Article 11 International Bureau (1) the International Bureau: (i) fulfilling administrative tasks incumbent upon the Union, in particular those conferred specifically by this Treaty and by the implementing regulation or by the Assembly;
() provide the Secretariat of revision conferences, of the Assembly, of committees and working groups established by the Assembly, and of any other meeting convened by the Director general that pertain to matters of the Union.

(2) the Director-general is the most senior official of the Union and to represent it.
  

(3) the Director general shall convene all meetings dealing with issues of interest to the Union.
  

(4) the Director general and any) staff member designated by him attend, without the right to vote, in all meetings of the Assembly, of committees and working groups established by the Assembly, and any other meeting convened by the Director general, which deals with issues of interest to the Union.
  

b) Director general or a staff member designated by him is ex officio Secretary of the Assembly and of the committees, working groups and other meetings referred to in subparagraph (a). a). (5) the Director general shall prepare conferences) review according to the directives of the Assembly.
  

b) the Director general may consult intergovernmental organizations and international non-governmental organizations concerning the preparation for revision conferences.
  

c) the Director general and persons designated by him attend, without the right to vote, in the discussions during the review conferences.
  

d) general manager or any member of the staff designated by it shall be ex officio Secretary of any revision Conference.
  


Article 12 implementing Regulation (1) of the implementing regulation contains rules concerning: (i) matters which this Treaty expressly submit to the implementing regulation, or expressly provides that they are, or will be the object of the provisions;
(them) any conditions, problems or administrative procedures;
(iii) any details useful in the implementation of the provisions of this Treaty.

(2) the rules of application of this Treaty is adopted together with Treaty and is attached to it.
  

(3) the Assembly may amend the implementing regulation.
  

(4) subject to subparagraph (c)). (b) adoption of any amendment) of the implementing regulation requires two-thirds of the votes cast.
  

(b) adoption of any amendment) Order concerning the remission, by the authorities of the international deposit, samples of deposited micro-organisms require that no Contracting State not to vote against the proposed amendment.
  

(5) in case of discrepancies between the text of this Treaty and those of the implementing regulation, shall apply to the text of the Treaty.
  


Chapter 3 review and amendment Article 13 revision of the Treaty (1) this Treaty may be revised periodically by the Conference of the Contracting States.
  

(2) the convocation of revision conferences is acting by the Assembly.
  

(3) Art. 10 and 11 may be amended either by a revision Conference, or in accordance with the provisions of art. 14. Article 14 amendment of certain provisions of the Treaty (1) a) proposals to amend art. 10 and 11, made under this article may be made by any Contracting State or by the Director general.
  

b) such proposals shall be communicated by the Director general to the Contracting States at least six months before being examined.
  

(2) any amendment to the articles) listed in paragraph 2. (1) shall be adopted by the Assembly.
  

(b) adoption of any amendment to) art. 10 requires four fifths of the votes cast; adoption of any amendment to article 24(2). 11 require three-fourths of the votes cast.
  

(3) any amendment to the articles) listed in paragraph 2. (1) shall enter into force one month after the receipt by the Director general of notifications of acceptance, effected by in accordance with their respective constitutional rules, from three-fourths of the Contracting States which were members of the Assembly at the time it adopted the amendment.
  

b) any modification to such articles thus accepted all the Contracting States which link were Contracting States at the time the Assembly adopted the amendment, înţelegandu as any amendment creating financial obligations for the said Contracting States or that increases these obligations bind not only on those of them who have notified their acceptance of such change.
  

(c) any amendment accepted) and entered into force in accordance with subparagraph (a). link to all States) become Contracting States after the date on which the amendment was adopted by the Assembly.
  


Chapter 4 final clauses Article 15 Ways to become party to the Treaty (1) any State member of the International Union for the protection of industrial property (Paris Union) may become party to this Treaty by: (i) signature followed by the deposit of an instrument of ratification; or () the deposit of an instrument of accession.

(2) the instruments of ratification or accession shall be deposited with the Director-general.
  


Article 16 entry into force of the Treaty (1) this Treaty shall enter into force, in respect to the first five States which have deposited their instruments of ratification or accession, three months after the date on which it was lodged the fifth instrument of ratification or accession.
  

(2) this Treaty shall enter into force, with respect to any other State three months after the date on which that State has deposited its instrument of ratification or accession, provided with a date posterior to be specified in the instrument of ratification or accession. In the latter case, this Treaty shall enter into force, with respect to that State on the date thus indicated.
  


Article 17 Denunciation of the Treaty (1) Any Contracting State may denounce this Treaty by notification addressed to the Director general.
  

(2) Denunciation shall take effect two years after the date on which the Director general has received the notification.
  

(3) the possibility to denounce this Treaty, referred to in paragraph 1. (1) may be exercised by a Contracting State before the expiration of a period of five years from the date on which it became party to this Treaty.
  

(4) the denunciation of this Treaty by a Contracting State that has made a declaration referred to in article 1. 7 para. (1) (a). to use) a deposit institution which thus acquired the status of an international deposit authority has the effect of termination of this Statute to one year from the date on which the Director general has received the notification referred to in paragraph 1. (1). Article 18 signature and languages of the Treaty) (1) this Treaty is signed in a single original in the Dutch, French and English, both texts having equal value.
  

b) Official Texts of this Treaty shall be established by the Director general, after consultation with the interested Governments, in the two months since the signing of this Treaty, the other languages in which it was signed, the Convention establishing the World Intellectual Property Organization.
  


c) Official Texts of this Treaty shall be established by the Director general, after consultation with the interested Governments, in German, Arabic, Italian, Japanese and Portuguese and other languages that you can point to the Assembly.
  

(2) this Treaty shall remain open for signature at Budapest until December 31, 1977.
  


Article 19 Deposit of the Treaty; transmittal of copies; registration of the Treaty (1) the original of this Treaty, when no longer open for signature, shall be deposited with the Director general.
  

(2) the Director general shall certify and transmit two copies of this Treaty and the implementing rules, the Governments of all States referred to in article 1. 15 para. (1) intergovernmental organizations and that may present a statement in accordance with the provisions of art. 9 para. (1) (a). a), and, on request, to the Government of any other State.
  

(3) the Director general shall take measures in order 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 regulations applying to all Contracting States and all intergovernmental industrial property organizations and, on request, to the Government of any other State and to any other intergovernmental organization that may present a statement in accordance with the provisions of art. 9 para. (1) (a). Article 20 a) Notifications the Director general shall notify the Contracting States, the intergovernmental industrial property organizations and States which are not members of the Union, but are members of the International Union for the protection of industrial property (Paris Union): (i) signatures under article submitted. 18;
() the deposit of instruments of ratification or accession under article. 15 para. (2);
(iii) the declarations submitted in accordance with article 4. 9 para. (1) (a). notifications of withdrawal) and in accordance with art. 9 para. (2) or (3);
(iv) the date of entry into force of this Treaty according to article 21. 391. (1);
(v) the communications under art. 7 and 8 and the decisions under article. 8;
(vi) acceptarile amending this Treaty pursuant to article 5. 14. (3);
(vii) amendments to the rules of application;
(viii) the dates of entry into force of the amendments to the Treaty or of the implementing regulation;
(ix) any denunciation notified under article. 17. Rules of application of the Treaty in Budapest international recognition of the deposit of microorganisms for the purposes of patent procedure RULE 1Expresii fleshed and interpretation of the word signature 1.1. TratatÎn application under this regulation, the Treaty is meant to Budapest Treaty international recognition of the deposit of microorganisms for the purposes of patent procedure.

1.2. ArticolÎn purposes of this regulation, by means of article scope means the article indicated in the Treaty.

1.3. SemnaturaÎn purpose of this Regulation applies, if the law of the State in whose territory is situated the international deposit authority requires the use of a seal instead of a signature, it is understood that the term signature means the seal of this authority.

2Autorităţi international deposit RULE 2.1. JuridicAutoritatea status of international deposit may be a public body and any public institution attached to a public administration other than the central Government, or a private enterprise.

2.2. Personnel and referred to in article instalaţiiCondiţiile. 6 paragraph 1. (2) point (them) are, in particular, the following: (i) the staff and facilities of the international deposit authority must allow the preservation of microorganisms deposited in such a way as to guarantee their viability and lack of contamination;
() international deposit authority must provide sufficient measures for preserving the security of micro-organisms in order to reduce to a minimum the risk of losing microorganisms deposited.

2.3. the Remission of esantioaneCondiţiile referred to in article 1. 6 paragraph 1. (2) item (viii) include, in particular, the condition under which the international deposit authority must deliver quickly and in a way convenient samples of deposited micro-organisms.

RULE 3Dobândirea of the status of international deposit authority 3.1. Communication of) the communication referred to in art. 7 para. (1) is addressed, in the case of a Contracting State, Director-general, diplomatically, or, in the case of an intergovernmental industrial property organization, by its highest official.
  

b) Communication: (i) indicate the name and address of the institution at which the deposit relates;
() contains detailed information about the institution's ability to meet the conditions listed in article. 6 paragraph 1. (2) as well as information on the legal status, the level of scientific personnel and its installations;
(iii) where the said institution has its intention not to accept in deposit than certain kinds of microorganisms, specify such kinds;
(iv) indicate the amount of the fees that the said institution will perceive them, where it will acquire the status of international deposit authority, conservation, declarations on viability and for submitting samples of microorganisms;
(v) indicate the official language or official languages of that institution;
(vi) where applicable, indicate the date referred to in article 21. 7 para. (1) (a). b). 3.2. Treatment of comunicăriiDacă the communication complies with the provisions of art. 7 para. (1) and rule 3.1, the Director-general within a short notice, to all Contracting States and intergovernmental organizations to all industrial property rights, and the International Bureau shall publish in a short term.

3.3. extension of the list of kinds of microorganisms comprising acceptateStatul contractor or intergovernmental industrial property organization which has made the communication referred to in article 1. 7 para. (1) may at any time thereafter, notify the Director general that its assurances extends to specific types of microorganism to which the assurances are not intindeau until that time. In such a case, in terms of types of microorganisms, additional provisions of art. 7 and rules 3.1 and 3.2 shall apply by analogy.

RULE 4Încetarea or limitation of the status of international deposit authority 4.1. The request; the application of treatment) the request referred to in article 1. 8 para. (1) (a). addressed to the Director-general) is in accordance with the provisions of paragraph 1 of rule 3.1. a). b) application: (i) indicate the name and address of the international deposit authority to which they relate;
(them) where it relates only to certain kinds of microorganisms, specify such kinds;
(iii) indicate in detail the facts on which it is based.

  

c) where the application conforms to the provisions of paragraph 1. the a and b)), the Director general shall notify, within a short time, to all Contracting States and intergovernmental organizations to all industrial property rights.
  

d) subject to paragraphs. (e)), the Assembly shall examine the proposal not earlier than 6 months and not later than 8 months after the date of notification of the request.
  

e) where, following the opinion of the Director-general to the deadline referred to in paragraph 1. d) could endanger the interests of actual or potential applicants, the general Assembly may convene at a date earlier than the date of expiry of the six months referred to in paragraph 1. d). f) should the Assembly decide to terminate the status of an international deposit authority or to limit to certain kinds of microorganisms, the decision shall take effect 3 months after the date on which it was taken.
  

4.2 Communication; effective date; treatment of the communication) the communication referred to in article 1. 8 para. (2) (a). addressed to the Director-general) is in accordance with the provisions of paragraph 1 of rule 3.1. a). b) Communication: (i) indicate the name and address of the international deposit authority to which they relate;
(them) where it relates only to certain kinds of microorganisms, specify such kinds;
(iii) where the Contracting State or intergovernmental industrial property organization which makes the communication desires that the effects provided for in article 10. 8 para. (2) (a). b) occur on a date posterior to the expiration of a period of 3 months from the date of the communication, indicate this time.

  

c) when applying the provisions of paragraphs 1 and 2. b), point (iii), the effects provided for in art. 8 para. (2) (a). b) occur on the date specified in the relevant paragraph of base communication; otherwise, they occur on the expiry of three months from the date of communication.
  

(d) notify the Director-general) in the short term, to all Contracting States and intergovernmental organizations to all industrial property any communication received under article. 8 para. (2) as well as its actual date on the basis of paragraph 1. c). When a notice is published in the corresponding, in the short term, the International Bureau.
  

4.3. Consequences for depoziteÎn for termination or limitation of the status of international deposit authority pursuant to article 13. 8 para. (1) and (2), art. 9 para. (4) or article 16. 17 para. (4), rule 5.1. shall apply by analogy.

RULE 5Carenta of the international deposit Authority 5.1. Termination of the exercise of the functions relating to microorganisms deposited

the authority) If a deposit ceases international, either temporarily or permanently, to perform the tasks incumbent on it under the Treaty and of this implementing regulation regarding the microorganisms deposited with it, the Contracting State or intergovernmental industrial property organization which gave this authority insurance pursuant to article 13. 6 paragraph 1. (1) ensure that:(i) to the extent applicable, the transfer of samples of all these micro-organisms, in the short term and without deterioration or contamination from the said authority (broken authority) to another international deposit authority (replacing the authority);
() ensure, to the extent possible, transmit to the authority in the short term, the replacement of any correspondent or other communications addressed to the Authority went bankrupt, and all of the files and other pertinent information that you possess this authority in respect of micro-organisms;
(iii) ensure, to the extent possible, in the short term, the termination of the exercise, the broken functions and the transfers effected, all applicants interested in;
(iv) notify, in the short-term, the Director-general and the termination of the exercise of its functions, as well as the measures taken by that Contracting State or the intergovernmental organization of the respective industrial property, pursuant to points (i) to (iii).

  

b) Director-general transmits at short notice, Contracting States and intergovernmental industrial property organizations as well as industrial property offices received notification on the basis of paragraph 1. a), point (iv); the notification made by the Director general and the notification received are published, in the short term, the International Bureau.
  

c) on the basis of the patent procedure applicable, it may require that the applicant, where it receives the certificate referred to in rule 7.5, notify, in the short term, any industrial property office to which the matter was referred to a patent application, and taking into account the initial deposit, the new warehouse number assigned by the replacement.
  

d) replacing the Authority maintains, in an appropriate form, in addition to the new serial number, the serial number assigned by the broken.
  

e) in addition to any transfer effected on the basis of paragraph 1. a), point (i), the broken transfer, to the extent possible, at the request of the applicant, a sample of any microorganism deposited with it, as well as copies of any correspondence or communication and all files and other relevant information referred to in paragraph 1. a) (them), to any international deposit authority other than replacing the authority, which indicates the applicant provided that the applicant shall pay to the authority the bankrupt all costs arising from such transfer. The applicant pays the fee for the relevant conservation authority international filing sample that has shown it.
  

f) at the request of the applicant authority, broken retains, as far as possible, samples of deposited micro-organisms.
  

5.2 Refusal to accept certain kinds of microorganisms to) If an international deposit authority refuse to accept in deposit one of the kinds of microorganisms which it should accept them on the basis of insurance offered, the Contracting State or intergovernmental industrial property organization which, in respect of this authority, the Declaration referred to in article 1. 7 para. (1) (a). to notify, within) short, Director general facts and the measures which have been taken.
  

b) Director-general transmits in the short-term, other Contracting States and intergovernmental industrial property organizations of the notification received on the basis of paragraph 1. a); the notification made by the Director general and the notification received are published, in the short term, the International Bureau.
  

6Modalităţile RULE for making a new deposit and deposit 6.1. The initial deposit of the micro-organism is transmitted by the applicant) of the authority of the international deposit is accompanied, outside the provisions of rule 6.2 applies, by a written statement bearing the signature of the applicant and containing: (i) an indication that the deposit is made under the Treaty and the commitment of not to withdraw it during the period specified in rule 9.1;
() the name and address of the applicant;
(iii) a detailed description of the conditions which must be fulfilled in order to cultivate the micro-organism, in order to conserve and to control the viability and, in addition, where the deposit refers to a mixture of microorganisms, a description of the components of the mixture and at least one of the methods that allow for verification of their presence;
(iv) the identification reference (for example, numbers or symbols) date of requesting a microorganism;
(v) an indication of the properties of the micro-organism, which presents or may present danger to health or the environment, or an indication that the applicant has no knowledge of such properties.

  

b) strongly recommended that the written statement referred to in paragraph 1. the), to include scientific description and/or proposed to the micro-organism deposited taxonomical.
  

6.2 new deposit of) subject to paragraphs. b) in the case of the new deposit made under article. 4, micro-organism transmitted by the applicant to the authority of the international deposit is accompanied by a copy of the certificate relating to the above, a copy of the most recent statement concerning the viability of the microorganism which was the subject of the previous deposit indicating that the micro-organism is viable, and a written statement bearing the signature of the applicant and containing: (i) the indications referred to in rule 6.1 paragraph 2. a), point (i) to (v);
(them) a statement stating the reason for the applicable pursuant to article 13. "". (1) (a). the new deposit) is carried out, a statement which affirms that the micro-organism that is subject to the new deposit is the same as that which was the subject of the previous deposit and the date on which the applicant has received the notification referred to in article 21. "". (1) (a). a) or, where appropriate, the date of publication referred to in article 1. "". (1) (a). e);
(iii) where a scientific description and/or proposed taxonomical was indicated in connection with the previous deposit, the most recent scientific description and/or proposed taxonomical, as it has been communicated to the international deposit authority that was conducted the previous Depot.

  

b) where the new deposit is made with the authority of an international deposit to which the previous deposit was made, paragraph 1. a), point (i) shall not apply.
  

c) for the purposes of paragraph 1. the a and b)) and of rule 7.4, previous deposit through means: (i) where the new deposit has been preceded by one or more other new deposits: the most recent of these deposits;
(them) where the new deposit has not been preceded by one or more other new deposits: the initial deposit.

  

6.3 Requirements of the international deposit authority) Any international deposit authority may require: (i) the micro-organism should be deposited in the form and quantity necessary for the purposes of the Treaty and of this implementing regulation;
(them) to be provided on a form established by this authority and which shall be completed in accordance by the applicant, for the purposes of the administrative procedures of such authority;
(iii) that the written statement referred to in rule 6.1 paragraph 2. of rule 6.2) or para. a), to be drawn up in the language or one of the languages indicated by this authority, taking into account that this designation must include, in any case, the language/languages/official/official indicated in rule 3.1 paragraph 3. b), point (v);
(iv) to be paid to the conservation fee referred to in rule 12.1 para. a), point (i); and (v) to the extent that applicable law permits the applicant to conclude a contract with this authority to define the responsibilities of the applicant and the said authority.

  

b) any authority of international deposit shall, where appropriate, these requirements and any amendments thereof to the International Bureau.
  

6.4. The procedure for the acceptance of an international deposit Authority) refuse the acceptance of the microorganism and shall immediately notify the applicant in writing, stating the reasons for refusal: (i) if the micro-organism does not belong to a kind of microorganism to which the assurances offered to extend the basis of rule 3.1. paragraphs 1 and 2. b), point (iii) or 3.3;
(them) if the micro-organism has exceptional properties, so that the international deposit authority insofar as it is not from a technical standpoint, to carry out the tasks incumbent on it under the Treaty and of this regulation; or (iii) where the deposit is received in a condition which clearly indicates that the micro-organism is missing or which excludes scientific reasons the acceptance of the microorganism.

  

(b) subject to paragraphs). the deposit), the international authority to accept a micro-organism, where they were met all the requirements referred to in rule 6.1 paragraph 2. 6.2) or para. the) and rule 6.3 paragraph 2. If he have not) been complied with these requirements, the international deposit authority notify this fact immediately, in writing, to the applicant, inviting him to meet them.
  

c) where the micro-organism has been accepted as the original deposit or new deposit, the date of the original deposit or new deposit, if applicable, the date on which the micro-organism has been received by the authority of the international deposit.
  


(d) international deposit Authority), at the request of the applicant and provided that all the requirements referred to in paragraph 1. (b)) have been complied with, consider a microorganism, deposited before the acquisition by this authority of the status of international deposit authority, as received, for the purposes of the Treaty, on the date on which it has acquired this status.
  

RULE 7Adeverinta 7.1. Release adeverinteiÎn with regard to each micro-organism that is conducted at the international deposit authority or which is transferred to it, the international deposit authority shall issue a certificate of the applicant, attesting the receipt and acceptance of the micro-organism.

7.2. Form; language; signature of the Certificate referred to in rule) 7.1 has the form established on a form called form, a specimen of which is set by the Director general, in the specified Assembly.
  

b) any word or any letter entered in the certificate with a character other than Latinos must be given also by transliteration, in Latin characters.
  

c) Certificate bears his signature of the competent person or persons competent to represent the international deposit authority or any official of that authority, authorized in compliance by that person or those persons.
  

4.5. Contents in the case of iniţialAdeverinta deposit referred to in rule 7.1 and issued in the case of the original deposit indicate that it is issued by the deposit institution as an international deposit authority, under the Treaty, and shall contain at least the following indications: (i) the name and address of the authority of the international deposit;
() the name and address of the applicant;
(iii) the date of the original deposit as defined in rule 6.4 para. c);
(iv) the identification reference (e.g. numbers or symbols) date of requesting a microorganism;
(v) the serial number assigned by the authority of the international deposit;
(vi) where the written statement referred to in rule 6.1 paragraph 2. the scientific description), includes and/or micro-organism, the taxonomical proposed a mention of this fact.

7.4. The contents of a new depozitAdeverinta referred to in rule 7.1 and issued in the case of a new deposit effected under article. 4 it is accompanied by a copy of the certificate relating to the earlier [within the meaning of rule 6.2 para. c)] and a copy of the most recent statement concerning the viability of the microorganism which was the subject of the previous deposit [within the meaning of rule 6.2 para. c)], indicating that the micro-organism is viable, and shall contain at least: (i) the name and address of the authority of the international deposit;
() the name and address of the applicant;
(iii) the date of the new deposit as defined in rule 6.4 para. c);
(iv) the identification reference (e.g. numbers or symbols) date of requesting a microorganism;
(v) the serial number assigned to the new repository of international deposit authority;
(vi) an indication of the reason and date applicable applicable, referred to by the applicant, pursuant to paragraph 1 of rule 6.2. a) (them);
(vii) in the case of application of paragraph 1 of rule 6.2. a), point (iii), a mention of the fact that the applicant has shown a scientific description and/or proposed taxonomical;
(viii) the serial number assigned to the previous repository [within the meaning of rule 6.2 para. c)].

4.7. in the case of Content transferuluiAutoritatea of the international deposit which are transferred on the basis of samples of micro-organisms rule 5.1 para. a), point (i) shall issue to the applicant, in respect of each deposit in relation with which a sample is transferred, a receipt indicating that it is issued by the deposit institution as an international deposit authority under the Treaty and shall contain at least: (i) the name and address of the authority of the international deposit;
() the name and address of the applicant;
(iii) the date on which the sample transferred was received by the international deposit authority (transfer date);
(iv) the identification reference (e.g. numbers or symbols) date of requesting a microorganism;
(v) the serial number assigned by the authority of the international deposit;
(vi) the name and address of the international deposit authority from which the transfer was made;
(vii) the serial number assigned by the international deposit authority from which the transfer was made;
(viii) where the written statement referred to in rule 6.1 paragraph 2. 6.2) or para. the scientific description), contained and/or proposed to the micro-organism or taxonomical where this scientific description and/or proposed taxonomical was indicated or amended thereafter on the basis of rule 8.1, a mention of this fact.

4.7. the communication of scientific description of and/or any party propuseLa taxonomic application which has the right to submit a sample of the micro-organism on the basis of rule 11.1, 11.2 or 11.3, the international deposit authority shall notify this party the most recent scientific description and/or proposed taxonomical, referred to in paragraph 1, the rules 6.1. (b) paragraphs 5 and 6, 6.2) a), point (iii) or 5.0 para. b), point (iii).

RULE 8Indicaţia or changes the description of the scientific and/or proposed taxonomic 8.1. Communication of) where, in connection with the deposit of a microorganism, the scientific description and/or taxonomical micro-organism was not indicated, the applicant may indicate a later or, if it has been found that can change.
  

b) such later indication or such subsequent change is made by means of a written communication, bearing the signature of the applicant, an international deposit Authority containing: (i) the name and address of the applicant;
() the number assigned by that authority;
(iii) scientific description and/or proposed to the micro-organism, the taxonomical;
(iv) in the event of a change, the previous scientific description and/or the previous proposed descriptions taxonomical.

  

8.2. CertificatulLa application applicant of notification referred to in rule 8.1, international deposit authority shall issue a certificate indicating the particulars referred to in rule 8.1. paragraphs 1 and 2. b), point (i) to (iv) and the date of receipt of such communication.

9Conservarea micro-organisms RULE 9.1. The duration of the micro-organism deposited at conservăriiOrice an international deposit authority is preserved by it with all the necessary care regarding its viability and without contamination, for a period of at least five years from the date of receipt by that authority to the most recent requests to submit a sample of the deposited micro-organism and, in any case, for a period of at least 30 years from the date of the deposit.

9.2. SecretulAutoritatea international deposit does not give any person with information as to whether a microorganism has been deposited to it under the Treaty. In addition, it does not provide to any person any information concerning any microorganism deposited to it under the Treaty, except where there is an authority or a person or legal person who has the right to obtain a sample of the said microorganism based on rule 11 and subject to the same conditions as are prescribed in this rule.

RULE 10Controlul viability and viability statement 10.1. ControlAutoritatea obligation of international deposit controls each micro-organism viability submitted to it: (i) in the short term, as a result of carrying out any deposit referred to in rule 6 or any transfer referred to in rule 5.1;
(them) at suitable intervals, according to type of micro-organism and the applicable conditions of conservation, or at any time if necessary for technical reasons;
(iii) at any time, at the request of the applicant.

10.2 viability statement to the international deposit) the authority shall issue a statement concerning the viability of the deposited microorganism: (i) the applicant, in the short term, as a result of carrying out any deposit referred to in rule 6 or any transfer referred to in rule 5.1;
() the applicant, at his request, at any time after making the deposit or transfer;
(iii) the industrial property Office of the authority other than this Office, the natural or legal person other than the applicant, to which i have submitted samples of the micro-organism deposited in accordance with rule 11, at his request, along with your submission or at any time.

  

(b) the viability statement) indicate whether the micro-organism is viable or if it is no longer viable and shall contain: (i) the name and address of the authority of issuing international deposit;
() the name and address of the applicant;
(iii) the date referred to in rule 7.3, point (iii) or, if it has been made a new deposit or transfer, the most recent of the dates referred to in rules 7.4 (iii) and 7.5 (iii);
(iv) the serial number assigned by that authority of the international deposit;
(v) the date of the control to which they relate;
(vi) information about the conditions under which it was carried out with control of viability, even more so with how such information has been requested by the recipient of the statement concerning the viability and the results were negative.

  

c) when applying the provisions of paragraphs 1 and 2. a) (them) or (iii) Declaration of viability refers to control of the most recent viability.
  

d) in terms of form, languages and signature, rule 7.2 shall apply, by analogy, concerning the viability of the Declaration.
  


e) statement on the viability of be issued free of charge in the case referred to in paragraph 1. a), point (i) or if this is required by an industrial property office. Tax due on the basis of paragraph 1 of rule 12.1), point (iii) on any other statement of sustainability devolves the responsibility of the party requesting the Declaration and must be paid before or at the time of application.
  

RULE 11Remiterea of samples 11.1. Submitting samples of industrial property offices interesateAutoritatea international deposit shall submit a sample of any deposited microorganism to the industrial property Office of any Contracting State or any intergovernmental industrial property organization at the request of that Office, provided that the request be accompanied by a declaration in the following terms: (i) an application referring to the deposit of a microorganism being submitted to this Office for the issue of a patent and the object or refer to the micro-organism or the use of thereof;
() this request is currently being judged in front of this Office or has led to the issuing of a patent;
(iii) the sample is necessary for the purposes of a patent procedure that takes effect in that Contracting State, or in this organisation or in its Member States;
(iv) any information that the designs and accompanies or otherwise related to it will only be used for the purposes of the said patent procedure.

11.2. Submitting samples to the applicant or with the authorization of the international deposit saAutoritatea submit a sample of any deposited microorganism: (i) the applicant, at his or her request;
(them) any authority or any natural or legal person, hereinafter referred to as authorized part, upon request, provided that the request be accompanied by a declaration by the applicant authorizes submitting samples requested.

11.3. Submitting samples to the parties entitled thereto of the international deposit) the authority submits a sample of any deposited microorganism to any authority or any natural or legal person, hereinafter referred to as the first part, at the request of the Administration, provided that the request should be made on a form whose content is determined by the Assembly and that an industrial property office attesting to this form: (i) a claim which relates to the deposit of a microorganism been submitted to this Office for the issue of a patent and that the object or refer to the micro-organism or the use thereof;
(them), unless they apply to the second phrase of paragraph (iii), a publication has been made by this Office for the purposes of patent procedure;
(iii) be certified as entitled to a sample of the micro-organism under the duty to administer the patent procedure in front of this Office and that, if this law makes the right to sample to depend on certain conditions, this Office is satisfied that those conditions have been fulfilled in an effective way, as either side has lodged documented signature on a form in front of this Office and that by signing this form, the conditions for remission of a part sample certificates are met in accordance with the law, which administers the patent procedure in front of this Office; If the first part is entitled to the sample on the basis of the said law, a publication by the Office for the purposes of patent procedure and if such publication has not yet been made, expressly indicate certification and mentions, citing a commonly applicable disposal of that right, including any judicial decision.

  

b) in terms of issued patents and published by any industrial property Office may communicate, on a regular basis, of any international deposit authority lists containing the serial numbers assigned by this authority of the microorganisms referred to in the said patents. At the request of any authority or any other natural or legal persons, hereinafter referred to as party demanding international deposit authority submits its a sample of any microorganism whose serial number has been so communicated. In terms of deposited microorganisms whose serial numbers have been so communicated, this Office is not obliged to provide the attestation referred to in rule 11.3 para. 11.4.). Common rules) any claim, Declaration, certification or communication referred to in rules 11.1, 11.2 and 11.3: (i) is drawn up 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 Russian; However, where it must be written in Spanish or Russian, can be submitted in French or English instead of Spanish or Russian and, if so, the International Bureau shall, in the short-term, at the request of the party concerned referred to in those rules or at the request of the international deposit, free translation in Spanish or Russian certified compliance;
(them) is drawn up, in all other cases, in French or English; However, it can be worded in the official language or one of the official languages of the international deposit authority instead of French or English.

  

b) despite paragraphs. a), where the request referred to in rule 11.1 is made by an industrial property office whose official language is Russian or Spanish, it may be written in Spanish or Russian, respectively, and the International Bureau shall, in the short-term, at the request of that Office or the international deposit authority which received such application, free translation in French or English certified in compliance.
  

c) any request, Declaration, certification or communication referred to in rules 11.1, 11.2 and 11.3 is written, signed and dated.
  

d) any request, Declaration, certification or communication referred to in rules 11.1, 11.2 and 11.3 para. the following guidelines) contain: (i) the name and address of the industrial property office presenting the request, of the authorized party or of the certified party, as applicable;
() the serial number assigned to the depot;
(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. ), the particulars referred to in points (iii) and the name and address of the industrial property office which has made the attestation referred to in rule.

  

(e) any request referred to) rule 11.3 para. b) contains the following information: (i) the name and address of the requesting party;
() the serial number assigned to the deposit.

  

f) international deposit Authority marks with sequence number assigned to the container deposit which contains the sample submitted and attached a copy of the certificate referred to in rule 7, an indication of the possible properties of the micro-organism, which presents or may present danger to health or the environment and, upon request, an indication of the conditions used by the international deposit authority for the cultivation and preservation of the micro-organism.
  

g) international deposit Authority which has submitted a sample to any interested party other than the applicant, notify its decision in writing, in the short term, the date that the sample was submitted, and the name and address of the industrial property office, of the authorized party, of the certified party or of the requesting party to whom the sample was submitted. This notification shall be accompanied by a copy of the appropriate application of any declaration submitted on the basis of rule 11.1 or 11.2 (them) relating to such application and any form or application that carries the signature of the applicant party in accordance with rule 11.3.
  

h) submitting samples, as referred to in rule 11.1 is made free of charge. In the case of submission of samples based on rule 11.2 or 11.3, the tax due on the basis of rule 12.1 para. a), point (iv) shall be borne by the applicant, the authorized party, of the certified party or of the requesting party, as applicable, and must be paid before or at the time of application.
  

11.5. Amendment of rules 11.1 and 11.3 when applicable applications internaţionaleÎn if an application was filed as an international application under the Treaty on cooperation in the field of patents, the reference in rules 11.1 in (i) and 7.0 para. a), point (i), at the presentation of the application industrial property is considered as a reference in the international application designating the Contracting State for which the industrial property office is the designated Office for the purposes of that Treaty, and a certification that is required by rule 11.3. paragraphs 1 and 2. a) (them) is at the discretion of the Office of industrial property, or a certification of the international publication on the basis of that Treaty made either a certification made by the industrial property office.

12Taxe RULE 12.1. Types and amounts of international filing) the authority may, with regard to the procedure laid down in the Treaty and the implementing of this regulation, to charge a fee: (i) conservation;
(them) to the issue of the certificate referred to in rule 5.1;
(iii) subject to the provisions of paragraph 1 of rule 10.2. the first phrase, e) for issuance of statements regarding viability;
(iv) subject to the provisions of paragraph 1 of rule 7.1. h) first phrase, for submitting samples;
(v) for the communication of information on the basis of the provisions of rule 7.6.

  


b conservation Fee) is valid for the entire period in which, in accordance with the provisions of rule 9.1, a micro-organism is preserved.
  

(c) the amount of any charge) must not depend on the nationality or the domicile of the applicant, either by nationality or domicile of the authority or the natural or legal person requesting issue of a viability statement or submitting samples.
  

12.2. Changing the amounts of amending the amount of) any charges levied by the international deposit authority shall be notified to the Director general by the Contracting State or intergovernmental industrial property organization which made the Declaration referred to in rule 7.1 regarding this authority. Subject to paragraphs. c), notification may contain an indication of the date on which the new taxes are applicable.
  

b) Director-general transmits in the short term, all the Contracting States and to all intergovernmental industrial property organizations of any notification received on the basis of paragraph 1. the) and its effective date, on the basis of paragraph 1. c); the notification made by the Director general and the notification received are published, in the short term, the International Bureau.
  

c) new taxes are applicable from the date indicated in paragraph 2. a); However, if the amendment consisted in an increase in the amounts of the fees or where no date is not indicated, the new fees shall apply from the 30th day following the date of publication of the change by the International Bureau.
  

RULE 12 bis BISCalculul 12 deadlines. 1. Time limits expressed in aniÎn where a period is expressed in a number of years, he starts from the day following that on which the event occurred and deemed to expire later in the year to be taken into account, having the same name and the same day as the month and the day on which the said event occurred; However, if the moon be taken further into account does not contain the day which has the same time, the period expires on the last day considered of this month.

12 bis. 2. Time limits expressed in luniÎn where a period is expressed in a certain number of months, he starts from the day following that on which the event occurred and deemed to expire later in the month to be taken into account, the same day as the day on which the said event occurred; However, if the moon be taken further into account does not contain the day which has the same time, the period expires on the last day considered of this month.

12 bis. 3. Time limits expressed in zileÎn where a period is expressed in a certain number of days, it starts on the day following that on which the event occurred and deemed to expire on the last day of the term.

13Publicarea RULE by the International Bureau 13.1. PublicăriiOrice publication form by the International Bureau, provided for in the Treaty or the application of this regulation, shall be made in the monthly magazine of the International Bureau, which is referred to in the Paris Convention for the protection of industrial property.

8.2. content of) at least in the first issue of each year of the magazines it publishes an updated list containing the international deposit authorities, stating, for each of these kinds of microorganisms that may be deposited and the amount of the fees charged.
  

b) full information concerning the following facts shall be published once, in the first issue of their magazine, after completion of: (i) any acquisition, termination or limitation of the status of international deposit authority and measures taken in connection with that termination or limitation;
(them) any extension referred to in rule 3.3;
(iii) any termination of an international deposit, any refusal to accept certain kinds of microorganisms and the measures taken in connection with that termination or with such refusal;
(iv) any modification of the charges levied by the authority of the international deposit;
(v) any request under paragraphs 2 and 3 shall be notified of the rule 6.3. b) and any modification thereof.

  

14Cheltuielile delegations RULE 14.1. CheltuielilorCheltuielile coverage of each of the delegates attending a meeting of the Assembly or a Committee of a working group or other meeting dealing with matters pertaining to the competence of the Union shall be borne by the State or organization which has appointed it.

15Cvorumul RULE untouched in the Assembly 15.1. Correspondence of the vote) in the case referred to in article 1. 10 para. (5) (a). (b)), the Director-general shall communicate the decisions of the Assembly, other than those relating to the procedure of the Assembly, 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 the date of such communication, the vote or abstention.
  

b) If at the expiry of that period the number of Contracting States which have expressed their vote or abstention attains the number of the aforesaid Contracting States that were missing because the quorum to be reached at the time of adoption of the decision, the latter becomes enforceable provided that, at the same time the required majority to be met.