Rs 0.232.145.11 Regulations Of April 28, 1977, Of The Budapest Treaty On The International Recognition Of The Deposit Of Microorganisms For The Purposes Of Patent Procedure

Original Language Title: RS 0.232.145.11 Règlement d’exécution du 28 avril 1977 du Traité de Budapest sur la reconnaissance internationale du dépôt des micro-organismes aux fins de la procédure en matière de brevets

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0.232.145.11 original text regulations under the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure concluded in Budapest on April 28, 1977, approved by the Federal Assembly on March 10, 1981, Instrument of ratification deposited by Switzerland on May 19, 1981, amended on January 20, 1981 and entered into force January 31, 1981 (State on March 9, 2004) rule 1 Abbreviated Expressions and interpretation of the word "signature" 1. 1 'Treaty' in the sense of the present regulations, is meant by "Treaty" means the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure.
1.2 "Article" in the sense of the present regulations, is meant by 'article' the article of the Treaty.
1.3 "Signature" in the sense of the present regulations, when the law of the State in the territory of which an international depositary authority is located requires the use of a seal instead of a signature, it is understood that the term "signature" means "seal" for the purpose of this authority.

RS 0.232.145.1 rule 2 depositary authorities international 2.1 legal status the depositary authority international can be a public body, including any public institution attached to one public administration other than the central Government, or a private institution.
2.2 staff and facilities the conditions referred to in art. 6.2) ii) include the following: i) the staff and facilities of the international depositary authority must enable it to keep the deposited microorganisms in a manner which ensures their viability and lack of contamination; ii) the international depositary authority shall provide sufficient security measures for conservation of microorganisms, to reduce to a minimum the risk of losing microorganisms deposited with it.

2.3 sampling conditions referred to in art. (6.2) viii) include the condition that the international depositary authority must get back quickly and appropriately of samples of deposited microorganisms.

Rule 3 Acquisition of the status of depositary authority international 3.1 Communication (a) the communication referred to in art. 7.1) is addressed to the Director general, in the case of a Contracting State, through diplomatic channels or, in the case of an intergovernmental industrial property organization, by its Chief Administrative Officer.
(b) communication i) indicate the name and address of the institution of deposit to which reports communication; ii) contains detailed information on the ability of the institution to meet the conditions listed in art. 6.2), including information on its legal status, its scientific level, its staff and its facilities; iii) when the institution intends to not to accept in deposit certain types of microorganisms, specify these types; iv) shows the amount of the fees that the said institution will collect when she acquired the status of international depositary for the conservation authority, statements on sustainability and to sampling of microorganisms;v) indicate the official language or languages of the said institution; vi) where applicable, the date referred to in art. (7.1) b).

3.2 processing of the communication if the communication is in line with art. 7. 1) and rule 3. 1, the Director-general shall notify it promptly to all Contracting States and all intergovernmental industrial property organizations and is published at short notice by the international Bureau.
3.3 extension of the list of kinds of microorganisms accepted the Contracting State or intergovernmental industrial property organization which has made the communication referred to in art. 7.1) may subsequently, at any time, notify the Director general that its insurance extend to types specified microorganisms that insurance did not extend until then. In such a case, and with respect to additional types of microorganisms, art. 7 and rules 3.1 and 3.2 shall apply by analogy.

Rule 4 termination or limitation of the status of international depositary authority 4.1 request; processing of the request (a) the request referred to in art. 8.1) has) is addressed to the Director general in accordance with the provisions of rule 3.1 has).
(b) the request i) indicate the name and address of the international depositary authority concerned; ii) where it relates only to certain kinds of microorganisms, specify these types iii) indicates in detail the facts underlying.

(c) if the request complies with the al. (a) and (b), the Director-general shall notify it promptly to all Contracting States and all intergovernmental industrial property organizations.
(d) subject to para. (e), the Assembly considers the proposal to no earlier than six months and no later than eight months from the notification of the request.
(e) where, in the opinion of the Director general, respect of the time limit provided for in the paragraph could endanger the interests of actual or potential applicants, the Executive Director may call the meeting to a date prior to the date of expiry of the period of six months provided for in para. ((d). f) if the Assembly decides to put an end to the status of international depositary authority or to limit to certain kinds of microorganisms, the decision takes effect three months after the date on which it was taken.
4.2 communication; effective date; treatment of communication (a) the communication referred to in art. 8.2) has) is addressed to the Director general in accordance with the provisions of rule 3.1 has).
(b) the communication i) indicate the name and address of the international depositary authority concerned; ii) where it relates only to certain kinds of microorganisms, specific these types; iii) where the Contracting State or intergovernmental industrial property organization which made the communication hopes that the effects provided for in art. (8.2) b) occur at a date subsequent to the expiry of a period of three months from the date of the communication, indicate that later date.

(c) in the case of the application of para. ((b) (iii), the effects provided for in art. (8.2) b) occur on the date indicated under that paragraph in the communication; otherwise, they occur on the expiry of a period of three months from the date of the communication.
(d) the Director general shall notify as soon as possible to all Contracting States and all intergovernmental industrial property organizations any communication received under art. 8.2) as well as its date under para. (c) a corresponding notice is published at short notice by the international Bureau.
4.3 consequences for deposits in case of termination or limitation of the status of depositary authority international under arts. 8.1), 8.2), 9.4) or 17.4), rule 5(1) applies by analogy.

Rule 5 deficiency of the depositary authority international 5.1 stop exercising the functions of deposited microorganisms (a) If an international depositary authority ceases, temporarily or permanently, to accomplish the tasks imposed by the Treaty and the present regulations with respect to microorganisms deposited with it, the Contracting State or intergovernmental industrial property organization which in respect of that authority, has provided insurance under art. ((6.1) i) ensures, to the extent possible, transfer promptly and without deterioration or contamination, of that authority ("the defaulting authority") to another authority international filing ("the substitute authority"), of samples of all these micro-organisms; ii) ensure, insofar as possible, the transmission to the authority of replacement, at short notice, all mail or other communications addressed to the defaulting authority ((, as well as all records and all other relevant information that has this authority, in respect of such microorganisms; iii) assure, insofar as possible, the notification promptly, by the defaulting authority, stop the exercise of functions and transfers to all concerned applicants; iv) shall notify promptly to the Director general exercising the functions stop and contracting its scope as well as the measures taken by the State or the Organization (intergovernmental industrial property under the i points) to iii).

(b) the Director general shall notify promptly to the Contracting States and intergovernmental industrial property organizations as well as industrial property offices the notification received under s.. (a) iv); the notification by the Director general and the notification received are published by the international Bureau promptly.
(c) by the patent procedure which is applicable, it may be required that the applicant, upon receiving the receipt referred to in rule 7.5, notify promptly to any industrial property office with which a patent application has been presented and reported on the initial deposit the new number given to the deposit by the substitute authority.

(d) the substitute authority maintains in an appropriate form, in addition to the new order number, the order given by the defaulting authority number.
(e) in addition to any transfer made under para. (a) i), the defaulting authority transfers wherever possible, on request of the applicant, a sample of any deposited microorganism to her along with copies of all mail or other communications and all records and all other relevant information referred to in para. (a) ii) to all depositary authority international, other than the authority of replacement, says the applicant, provided that the applicant pays to the defaulting authority all expenses arising from this transfer. The applicant pays the fee for conservation of the said sample to the international depositary authority indicated.
(f) upon request of any depositor affected, the defaulting authority guard, insofar as possible, samples of deposited microorganisms by her.
5.2 refusal to accept certain kinds of microorganisms (a) If an international depositary authority refuses to accept in deposit one any of the types of microorganisms that it should accept under the assurances, the Contracting State or the intergovernmental organization of industrial property that made with respect to that authority the statement referred to in art. (7.1) has) shall notify promptly to the Director general the facts in question and the measures that have been taken.
(b) the Director general shall notify promptly to other States contractors and intergovernmental industrial property organizations the notification received under para. (a); the notification by the Director general and the notification received are published by the international Bureau promptly.

Rule 6 details of the original deposit or new deposit 6.1 original deposit a) the microorganism transmitted by the depositor to the depositary authority International is accompanied by, except in cases under rule 6(2), a written statement bearing the signature of the depositor and containing i) an indication that the deposit is made under the Treaty and the commitment of not to withdraw it for the period specified in rule 9.1; ii) the name and address of the applicant; iii.) the detailed description of the conditions that must be met for growing the microorganism, to keep and to control the viability, and also, when filing covers a mix of microorganisms, the description of the components of the mixture and at least one of the methods to verify their presence; iv) the identification reference (number or symbols, for example) given by the depositor to the microorganism; v) an indication of the properties of the microorganism which are or may be hazardous for the health or the environment, or an indication that the depositor is not aware of such properties.

(b) it is strongly recommended that the written statement referred to in clause has) contain the scientific description and/or proposed taxonomic designation of the deposited microorganism.
6.2 new deposit a) subject to paragraph (b) in the case of a new deposit made under art. 4, the microorganism transmitted by the depositor to the international depositary authority is accompanied by a copy of the receipt on the earlier filing of a copy of the most recent statement concerning the viability of the microorganism which was the subject of the earlier filing and indicating that the microorganism is viable and a written statement bearing the signature of the depositor and containing i) the indications referred to in rule 6.1(a)(i)) i) to v); ii.) a statement stating the applicable by reason art. 4.1) has) for which the new deposit, a statement affirming that the microorganism which is the subject of the new deposit is the same as that which was the subject of the previous deposit, and an indication of the date on which the depositor received the notification referred to in article 4.1) has) or, as appropriate, from the date of the publication referred to in art. 4.1) e); iii) when a scientific description and/or a proposed taxonomic designation indicated in relation to the deposit earlier, the most recent scientific description and/or proposed taxonomic designation such as communicated to the international depositary authority with which the previous deposit was made.

(b) where the new deposit is made with the Cie filing international authority with which the earlier filing was made, the al. (a) i) does not apply.
(c) for the purposes of the al. (a) and (b) and of rule 7.4, "previous deposit", i is) where the new deposit has been preceded of one or more other new deposits: the most recent of those other new deposits; ii) where the new deposit has not preceded by one or more other new deposits: the initial deposit.

6.3 requirements of the international depositary authority a) any depositary authority international may require i) that the microorganism be deposited in the form and the amount which is necessary for the purposes of the Treaty and of the present regulations; ii) that a form established by such authority and duly completed by the applicant, for the purposes of the administrative procedures of such authority be provided; iii) that the written statement referred to in rule 6.1(a)(i)) or 6.2.a) be drafted in the language or in one of the languages designated by that authority, being understood that the designation shall in any case include the official languages indicated under rule 3.1(b)(iii)) v); iv) as the tax retention under rule 12.1(a)) i) is paid; ETV) that, where the applicable law so permits, the applicant concluded with this authority a contract defining the responsibilities of the applicant and the authority.

(b) any international depositary authority shall communicate, as appropriate, these requirements and any amendments thereof to the international Bureau.
6.4 acceptance procedure a) the depositary authority international refuses to accept the microorganism and shall immediately notify in writing the refusal to the applicant, stating the grounds for the refusal, i) if the microorganism does not belong to a type of microorganism to which extend the insurance provided under rule 3.1(b)(iii)) iii) or 3.3; ii) if the microorganism has properties so exceptional that the international depositary authority is technically not able to accomplish against the tasks that he responsibilities under the Treaty and of the present regulations; or III) if the deposit is received in a condition which clearly indicates that the microorganism is missing or which excludes for scientific reasons that the microorganism to be accepted.

((b) subject to paragraph (a), the international depositary authority accepts the microorganism when he is satisfied the requirements of rule 6.1(a)(i)) or 6.2.a) and rule 6.3.a). If he is not satisfied these requirements, the international depositary authority shall immediately notify in writing this fact to the applicant, inviting her to meet these requirements.
(c) when the microorganism has been accepted as a deposit or new deposit, the date of the original deposit or new deposit, as the case may be, is the date on which the microorganism was received by the international depositary authority.
(d) the authority international filing, at the request of the applicant and provided he is satisfied all of the requirements referred to in para. (b), consider a microorganism, deposited before the acquisition by such authority of the status of international depositary authority, as having been received, for the purposes of the Treaty, on the date on which such status was acquired.

Rule 7 receipt 7.1 issuance of receipt for each deposit of microorganism which is done with her or that is transferred to him, the international depositary authority shall issue to the depositor a receipt attesting the receipt and acceptance of the microorganism.
7.2 form; languages; signature (a) the receipt referred to in rule 7.1 is based on a concept called 'international formula', which model is fixed by the Director general in the languages specified by the Assembly.
(b) any word or any letter that is entered in the receipt in characters other than Latin characters must also be included, a transliteration in Latin characters.
(c) the receipt bears the signature of the competent person or persons competent to represent the international depositary authority or of any other employee of that authority duly authorized by that person or those persons.
7.3 contents in the case of initial deposit the receipt referred to in rule 7.1 and issued in the case of initial deposit indicates that it is issued by the deposit institution as an international depositary authority under the Treaty and contains at least the following indications:

(i) the name and address of the international depositary authority; ii) the name and address of the applicant; iii) the date of the original deposit as defined in rule 6.4.c); iv) the identification reference (number or symbols, for example) given by the depositor to the microorganism; v) the number given by the depositary authority international filing; vi) where the written statement referred to in rule 6.1) contains the scientific description and/or proposed taxonomic designation of the microorganism, a statement of that fact.

7.4 contents in the case of the new deposit the receipt 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 receipt relating to the earlier (in the sense of rule 6.2.c) deposit) 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.c"and indicating that the microorganism is viable, and contains at least i) the name and address of the international depositary authority; ii) the name and address of the applicant; iii) the date of the new deposit as it is defined in rule 6.4.c); iv) the identification reference (number or symbols, for example) given by the depositor to the microorganism, v) the number given by the international depositary authority to the new deposit; vi) indication of the applicable reason and the relevant date, mentioned by the applicant under rule 6.2.a) ii); vii) in the case of application of the rule 6.2.a) iii) ((, a mention of the fact that the applicant has indicated a scientific description and/or proposed taxonomic designation viii) the order number assigned to the earlier (in the sense of rule 6.2.c) filing).

7.5 receipt in the case of transfer the depositary authority international to which samples of microorganisms are transferred under rule 5. The) i) delivered to the applicant with respect to each deposit in relation with which a sample is transferred, a receipt indicating that it is issued by the deposit institution as an international treaty depositary authority and containing at least i) the name and address of the international depositary authority; ii) the name and address of the applicant; iii) the date on which the transferred sample was received by the international depositary authority (date of the transfer); iv) reference identification (number or symbols, for example) given by the depositor to the microorganism; v) the order number assigned by the international depositary authority; vi) name and address of the international depositary authority from which the transfer was made; vii) the order number assigned by the international depositary authority from which the transfer was made; viii) when the written statement referred to in rule 6.1(a)(i)) or 6.2.a) included the scientific description and/or the taxonomic designation proposed of the microorganism, or when the scientific description and/or proposed taxonomic designation have been identified later amended under rule 8.1, a statement of that fact.

7.6 communication of the scientific description and/or designation taxonom ique proposed at the request of any party who is entitled to delivery of a sample of the microorganism under rules 11.1, 11.2 or 11.3, the international depositary authority shall communicate to this most recent scientific description and/or the most recent taxonomic designation proposed part referred to in rules 6.1(b)) ((((, 6.2.a) iii) or 8.1.b) iii).

Rule 8 later Indication or changes of the scientific description and/or proposed taxonomic designation 8.1 Communication (a) where, in connection with the deposit of a microorganism, the scientific description and/or taxonomic designation of the microorganism not been identified, the applicant may indicate them later or, if they have been indicated, change.
((b) such later indication or an amendment is made by a written communication, bearing the signature of the depositor, addressed to the international depositary authority and containing i) the name and address of the applicant; ii.) the number given by the said authority; iii) the scientific description and/or taxonomic designation of the microorganism; iv) in the event of a change, the previous scientific description proposed the previous proposed taxonomic designation.

8.2 certificate on request of the applicant, which has made the communication referred to in rule 8(1), the international depositary authority issue a certificate showing the data referred to in rule 8.1 b) i) to iv) and the date of receipt of this communication.

Rule 9 Conservation of microorganisms 9.1 duration of the storage any microorganism deposited with a depositary authority International is kept by the latter, with all the care necessary to its viability and the absence of contamination, for a period of at least five years after receipt by the authority, of the most recent request in the back of a sample of the deposited microorganism and , in any case, for a period of at least 30 years after the date of filing.
9.2 secrecy the depositary authority International does not give anyone information about knowing if a microorganism has been filed with it under the Treaty. Moreover, it gives no information anyone about any microorganism deposited with it under the Treaty if it isn't an authority or a person or entity who has the right to obtain a sample of the said microorganism under rule it and subject to the same conditions as those provided for in this rule.

Rule 10 viability test and statement on sustainability 10.1 Obligation to control the international depositary authority control the viability of each microorganism deposited with it i) promptly after any deposit referred to in rule 6 or any transfer referred to in rule 5.1; ii) at reasonable intervals, depending on the type of microorganism and the conditions of applicable conservation (, or at any time if necessary for reasons techniques; iii) at any time, on request of the applicant.

10.2 statement on sustainability a) the depositary authority international delivers a statement on the viability of the deposited microorganism i) to the depositor, to brief period after any deposit referred to in rule 6 or any transfer referred to in rule 5.1; ii) to the applicant, on his request, at any time after the deposit or transfer; iii) to the industrial property office the authority other than this Board, or the natural or legal person other than the applicant, to which samples of the deposited microorganism were released in accordance with rule 11, on his request, at the same time or at any time after such furnishing.

(b) the viability statement indicates if the microorganism is viable or if it is no longer and contains i) the name and address of the international depositary authority issuing the; ii) the name and address of the applicant; iii) the date referred to in rule 7.3.iii) or, where a new deposit or a transfer has been made, the most recent of the dates referred to in rules 7.4.iii) and 7.5.iii); iv) the order number assigned by the authority international deposit; v) the date of the control to which it relates; vi) information on the conditions under which the viability test were made, as far as such information has been requested by the recipient of the viability statement and that the test results were negative.

(c) in the case of the application of para. (a) ii) or (iii), the viability statement refers to the most recent viability test.
(d) with respect to form, languages and signature, rule 7.2 applies by analogy to the viability statement.
((e) the viability statement is issued free of charge in the case referred to in paragraph has) i) or if it is required by an industrial property office. (The tax due under rule 12.1 (a) iii) with respect to any other statement on sustainability is the responsibility of the party that requires the declaration and must be paid before the submission of the request or at this time.

Rule 11 sampling 11.1 delivery of samples to interested industrial property authority of filing offices International gives a sample of any microorganism deposited at the office of industrial property of any Contracting State or any intergovernmental organization of IP, on request of that office, provided that the request be accompanied by a statement under the terms of which i) an application referring to the deposit of the microorganism was filed with that office with a view to the grant of a patent and its object relates to the microorganism or its use; ii) this request is pending before this office or resulted in the grant of a patent; iii) the sample is necessary for the purposes of a patent procedure having effect in that Contracting State or that organization or its States members; iv) sample and any resulting or accompanying information will be used for the purposes of the said patent procedure.

11.2 samples to the applicant or with his authorization

The international depositary authority gives a sample of any microorganism deposited i) to the depositor, on his request; ii) to any authority or to any physical or legal person (hereinafter "the authorized party"), on request, provided that the application be accompanied by a declaration of the depositor authorizing the delivery of samples that is required.

(11.3 samples to the parties who are entitled to) the international depositary authority gives a sample of any microorganism deposited to any authority or to any physical or legal person (hereinafter "the certified party"), on request, provided that the request is made on a formula whose content is fixed by the Assembly and that an industrial property office certifies in this formula i) that an application referring to the deposit of the microorganism has been made from This office for the grant of a patent and that its object relates to the microorganism or its use; ii) that, except in the case of application of the second sentence of point iii), a publication for the purposes of patent procedure was made by this office; iii) either that the certified party has a right to a sample of the microorganism under the law governing patent procedure before that office and that If this right is dependent on the right to the sample of certain conditions, that office has ensured that these conditions have been fulfilled, that the certified party has affixed his signature on a form before this office and that, because of the signing of this formula, discount terms from one sample to the certified party are deemed to be fulfilled according to the law governing the procedure in the field of patents before the office; If certified part is entitled to the sample under the said right before a publication for the purposes of the patent by the said office procedure and such publication has not yet been performed, the certification indicated expressly and mentions, citing it in the customary manner, available applicable of the said law, including any court decision.

(b) in respect of patents granted and published by any industrial property office, that office may from time to time communicate to any international depositary authority lists of the sequence numbers assigned by that authority to the deposits of the microorganisms referred to in the said patents. At the request of any authority or of any natural person or morals (hereinafter ' the applicant'), the international depositary authority shall deliver to it a sample of any microorganism whose sequence number has been so communicated. For deposited microorganisms whose order numbers have been so disclosed, this office is not required to provide the certification referred to in rule 11.3).
(11.4 common rules (a) any request, declaration, certification or communication referred to in rules 11.1, 11.2 and 11.3 i) is written in french, English, Spanish, or Russian, if it is addressed to an international depositary authority whose official language is or whose official languages include the french, English, Spanish, or Russian, respectively; However, when it must be written in Spanish or Russian, it may be submitted in french or English in the place to be in Spanish or Russian and, if it is so filed, the international Bureau shall establish promptly and free of charge, at the request of the interested party referred to in those rules or the international depositary authority, a translation in Spanish or Russian certified compliant; ii) is written in all other cases, in french or English; However, it can be written in the official language or one of the official languages of the international depositary authority rather than in french or English.

(b) Notwithstanding para. (a), where the request referred to in rule 11. 1 is made by an industrial property office whose official language is Russian or Spanish, this query can be written in Spanish or Russian, respectively, and establishes the international Bureau promptly and free of charge, at the request of that office or of the international depositary authority which received such application, a certified translation in french or English in line.
(c) any request, declaration, certification or communication referred to in rules 11.1, 11.2 and 11.3 is written, it has a signature and is dated.
(d) any request, declaration or certification referred to in rules 11.1, 11.2 and 11.3 (a) contains the following information: i) the name and address of the office of industrial property presenting the motion, of the authorized party or of the certified party, as the case may be; ii) the sequence number assigned to the depot; iii) in the case of rule 11. 1, the date and number of the application or the patent that made the filing status; iv) in the case of rule 11.3), the indications referred to in point iii) and the name and address of the the industrial property office which has made the certification referred to in the rule.

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

(f) the international depositary authority marks a copy of the receipt referred to in rule 7, an indication of any properties of the microorganism which are or may be hazardous to health or the environment and, upon request, an indication of the conditions used by the international depositary authority to cultivate and preserve the microorganism with the number given at the depot, the container with the sample provided and attached to the container.
(g) the authority of international deposit which gave a sample to any interested party other than the depositor shall notify the applicant in writing in short period, as a result, the date when the sample has been made as well as the name and I address of the office of industrial property, of the authorized party, of the certified party or of the requesting party, to whom the sample was handed. This notification is accompanied by a copy of the corresponding query, any declaration under rule 11.1 or 11.2 ii) in connection with the application and any formula or request signed by the applicant in accordance with rule 11.3.
(h) delivery of samples referred to in rule 11. 1 is free. If sampling under rule 11.2 or 11.3, the tax due under rule 12.1 has) iv) is the responsibility of the applicant, of the authorized party, of the certified party or of the requesting party, as the case may be, and must be paid before the submission of the request or at this time.
11.5 changes in rules 11.1 and 11.3 when they apply to international applications when an application was filed as an international application under the patent cooperation treaty, the reference to the 11.1.i rules) and 11.3(a)) i), to the presentation of the application with the office of industrial property is considered to be a reference to the designation (, in the international application, of the Contracting State for which the industrial property office is the "designated office" within the meaning of that Treaty, and the certification of a publication that is required by rule 11.3(a)) ii) is, at the option of the industrial property office, either a certification of the international publication under the said Treaty or certification of a publication made by the industrial property office.

Rule 12 fees 12.1 kinds and amounts a) the international depositary authority may, with respect to the procedure under the Treaty and the present regulations, charge a fee i) conservation; ii) for the issuance of the attestation referred to in rule 8.2; iii) subject to rule 10.2 e), first sentence, for the issuance of statements on sustainability; iv) subject to rule 11.4.h) (, first sentence, for the delivery of samples; v) for the communication of information under rule 7.6.

(b) the conservation tax is valid for the entire period during which, according to rule 9. 1, the microorganism is preserved.
c) the amount of any tax must not depend on nationality or the home of the applicant, the nationality or the domicile of the authority or the natural or legal person who requires the issuance of a statement on the viability or sampling 12.2 change in the amounts) any change in the amount of taxes collected by the international depositary authority shall be notified to the Director general by the Contracting State or the intergovernmental organization of industrial property that has made the declaration under art. 7.1) with respect to that authority. Subject to para. (c) the notification may contain an indication of the date from which the new taxes are applicable.
(b) the Director general shall notify as soon as possible to all Contracting States and all intergovernmental industrial property organizations any notification received under para. (a) as well as its effective date under para. (c); the notification by the Director general and the notification received are published by the international Bureau promptly.

(c) the new taxes are applicable from the date indicated under para. (a); However, where the change consists of an increase in the amounts taxes or where no date is specified, the new taxes are applicable from the thirtieth day following the publication of the change by the international Bureau.

Rule 12 12.1 times calculating time limits expressed in years when a period is expressed in one or several years, he leaves the next day where the event considered took place and expires in the future to consider, year the month having the same name and on the day having the same number as the month and the day where such event occurred; However, if the subsequent months to be considered has no day with the same number, the time limit shall expire on the last day of that month.
12.2 time limits expressed in months when a period is expressed in one or several months, he leaves the next day where the event considered took place and expires in the subsequent month to consider, the day having the same number as the day where such event occurred; However, if the subsequent months to be considered has no day with the same number, the time limit shall expire on the last day of that month.
12.3 time limits expressed in days when a period is expressed in a number of days, he leaves the next day that where the event considered took place and shall expire on the day where they reached the last day of the account.

Rule 13Publication by the international Bureau 13.1 form of publication any publication by the international Bureau provided for in the Treaty or the present regulations is made on paper or in electronic form.
13.2 contents (a) at least once a year, preferably in the first quarter of the year, is published an updated list of the authorities of international deposit, indicating for each of these types of microorganisms that may be deposited and the amount of taxes it collects.
((b) complete information on each of the following facts are published once, promptly after the occurrence of the fact: i) any acquisition, termination or limitation of the status of depositary authority international and the measures taken in connection with such termination or this limitation; ii) any extension referred to in rule 3.3; iii) any judgment of the functions of an international depositary authority (((, any refusal to accept certain kinds of microorganisms and measures taken in connection with that judgment, or refusal; iv) any change in the fees charged by an international depositary authority; v) any requirements communicated in accordance with rule 6.3 b) and any amendments thereof.

New content according to the change of 1 October. 2002 (RO 2004 1297).

Rule 14 expenses of delegations 14.1 coverage of expenses the expenses of each delegation participating in a meeting of the Assembly or a Committee, a working group or other meeting dealing with matters within the competence of the Union are supported by the State or organization which has designated it.

Rule 15 no Quorum in the Assembly scope of the implementing regulation 15.1 voting by correspondence (a) in the case provided for in art. (10.5) 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 during the adoption of the decision, inviting them to express in writing, within a period of three months from the date of the communication, their vote or abstention.
(b) If, at the expiration of this period, the number of Contracting States having thus expressed their vote or abstention reached the number of States which was lacking so that the quorum was reached during the adoption of the decision, the latter becomes enforceable, provided that at the same time the required majority still obtains.

Scope of the regulations RO 1981 1275; FF 1980 III 317 RO 1981 1261 see the scope of the Budapest Treaty (RS 0.232.145.1).

Status as of March 9, 2004

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