Commonwealth Numbered Acts

PATENTS AMENDMENT ACT 1984 No. 92, 1984 - SCHEDULE

SCHEDULE
Section 10
SCHEDULE TO BE INSERTED IN PRINCIPAL ACT

"SCHEDULE 3
Section 6
BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF THE DEPOSIT OF
MICRO ORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE
Budapest, 28 April 1977
INTRODUCTORY PROVISIONS
Article 1
Establishment of a Union The States party to this Treaty (hereinafter called
'the Contracting States') constitute a Union for the international recognition
of the deposit of micro organisms for the purposes of patent procedure.
Article 2
Definitions For the purposes of this Treaty and the Regulations: (i)
references to a 'patent' shall be construed as references to patents for
inventions, inventors' certificates, utility certificates, utility models,
patents or certificates of addition, inventors' certificates of addition, and
utility certificates of addition; (ii) 'deposit of a micro organism' means,
according to the context in which these words appear, the following acts
effected in accordance with this Treaty and the Regulations; the transmittal
of a micro organism to an international depositary authority, which receives
and accepts it, or the storage of such a micro organism by the international
depositary authority, or both the said transmittal and the said storage; (iii)
'patent procedure' means any administrative or judicial procedure relating to
a patent application or a patent; (iv) 'publication for the purposes of patent
procedure' means the official publication, or the official laying open for
public inspection, of a patent application or a patent; (v) 'intergovernmental
industrial property organisation' means an organisation that has filed a
declaration under Article 9 (1); (vi) 'industrial property office' means an
authority of a Contracting State or an intergovernmental industrial property
organisation competent for the grant of patents; (vii) 'depositary
institution' means an institution which provides for the receipt, acceptance
and storage of micro organisms and the furnishing of samples thereof; (viii)
'international depositary authority' means a depositary institution which has
acquired the status of international depositary authority as provided in
Article 7; (ix) 'depositor' means the natural person or legal entity
transmitting a micro organism to an international depositary authority, which
receives and accepts it, and any successor in title of the said natural person
or legal entity; (x) 'Union' means the Union referred to in Article 1; (xi)
'Assembly' means the Assembly referred to in Article 10; (xii) 'Organisation'
means the World Intellectual Property Organisation; (xiii) 'International
Bureau' means the International Bureau of the Organisation and, as long as it
subsists, the United International Bureaux for the Protection of Intellectual
Property (BIRPI); (xiv) 'Director General' means the Director General of the
Organisation; (xv) 'Regulations' means the Regulations referred to in Article
12.
CHAPTER I
Substantive provisions
Article 3
Recognition and Effect of the Deposit of Micro organisms (1) (a) Contracting
States which allow or require the deposit of micro organisms for the purposes
of patent procedure shall recognise, for such purposes, the deposit of a micro
organism with any international depositary authority. Such recognition shall
include the recognition of the fact and date of the deposit as indicated by
the international depositary authority as well as the recognition of the fact
that what is furnished as a sample is a sample of the deposited micro
organism. (b) Any Contracting State may require a copy of the receipt of the
deposit referred to in subparagraph (a), issued by the international
depositary authority. (2) As far as matters regulated in this Treaty and the
Regulations are concerned, no Contracting State may require compliance with
requirements different from or additional to those which are provided in this
Treaty and the Regulations.
Article 4
New Deposit (1) (a) Where the international depositary authority cannot
furnish samples of the deposited micro organism for any reason, in particular,

        (i)    where such micro organism is no longer viable, or

   (ii) where the furnishing of samples would require that they be sent abroad
        and the sending or the receipt of the samples abroad is prevented by
        export or import restrictions, that authority shall, promptly after
        having noted its inability to furnish samples, notify the depositor of
        such inability, indicating the cause thereof, and the depositor,
        subject to paragraph (2) and as provided in this paragraph, shall have
        the right to make a new deposit of the micro organism which was
        originally deposited. (b) The new deposit shall be made with the
        international depositary authority with which the original deposit was
        made, provided that: (i) it shall be made with another international
        depositary authority where the institution with which the original
        deposit was made has ceased to have the status of international
        depositary authority, either entirely or in respect of the kind of
        micro organism to which the deposited micro organism belongs, or where
        the international depositary authority with which the original deposit
        was made discontinues, temporarily or definitively, the performance of
        its functions in respect of deposited micro organisms; (ii) it may be
        made with another international depositary authority in the case
        referred to in subparagraph (a) (ii). (c) Any new deposit shall be
        accompanied by a statement signed by the depositor alleging that the
        newly deposited micro organism is the same as that originally
        deposited. If the allegation of the depositor is contested, the burden
        of proof shall be governed by the applicable law. (d) Subject to
        subparagraphs (a) to (c) and (e), the new deposit shall be treated as
        if it had been made on the date on which the original deposit was made
        where all the preceding statements concerning the viability of the
        originally deposited micro organism indicated that the micro organism
        was viable and where the new deposit was made within three months
        after the date on which the depositor received the notification
        referred to in subparagraph (a). (e) Where subparagraph (b) (i)
        applies and the depositor does not receive the notification referred
        to in subparagraph (a) within six months after the date on which the
        termination, limitation or discontinuance referred to in subparagraph
        (b) (i) was published by the International Bureau, the three-month
        time limit referred to in subparagraph (d) shall be counted from the
        date of the said publication. (2) The right referred to in paragraph
        (1) (a) shall not exist where the deposited micro organism has been
        transferred to another international depositary authority as long as
        that authority is in a position to furnish samples of such micro
        organism.
Article 5
Export and Import Restrictions Each Contracting State recognises that it is
highly desirable that, if and to the extent to which the export from or import
into its territory of certain kinds of micro organisms is restricted, such
restriction should apply to microorganisms deposited, or destined for deposit,
under this Treaty only where the restriction is necessary in view of national
security or the dangers for health or the environment.
Article 6
Status of International Depositary Authority (1) In order to qualify for the
status of international depositary authority, any depositary institution must
be located on the territory of a Contracting State and must benefit from
assurances furnished by that State to the effect that the said institution
complies and will continue to comply with the requirements specified in
paragraph (2). The said assurances may be furnished also by an
intergovernmental industrial property organisation; in that case, the
depositary institution must be located on the territory of a state member of
the said organisation. (2) The depositary institution must, in its capacity of
international depositary authority:

        (i)    have a continuous existence;

   (ii) have the necessary staff and facilities, as prescribed in the
        Regulations, to perform its scientific and administrative tasks under
        this Treaty;

   (iii) be impartial and objective;

   (iv) be available, for the purposes of deposit, to any depositor under the
        same conditions;

   (v)  accept for deposit any or certain kinds of micro organisms, examine
        their viability and store them, as prescribed in the Regulations;

   (vi) issue a receipt to the depositor, and any required viability
        statement, as prescribed in the Regulations;

   (vii) comply, in respect of the deposited micro organisms, with the
        requirement of secrecy, as prescribed in the Regulations;

   (viii) furnish samples of any deposited micro organism under the conditions
        and in conformity with the procedure prescribed in the Regulations.

(3) The Regulations shall provide the measures to be taken:

        (i)    where an international depositary authority discontinues,
               temporarily or definitively, the performance of its functions
               in respect of deposited micro organisms or refuses to accept
               any of the kinds of micro organisms which it should accept
               under the assurances furnished;

   (ii) in case of the termination or limitation of the status of
        international depositary authority of an international depositary
        authority.

Article 7
Acquisition of the Status of International Depositary Authority (1) (a) A
depositary institution shall acquire the status of international depositary
authority by virtue of a written communication addressed to the Director
General by the Contracting State on the territory of which the depositary
institution is located and including a declaration of assurances to the effect
that the said institution complies and will continue to comply with the
requirements specified in Article 6 (2). The said status may be acquired also
by virtue of a written communication addressed to the Director General by an
intergovernmental industrial property organisation and including the said
declaration.

   (b)  The communication shall also contain information on the depositary
        institution as provided in the Regulations and may indicate the date
        on which the status of international depositary authority should take
        effect.

(2) (a) If the Director General finds that the communication includes the
required declaration and that all the required information has been received,
the communication shall be promptly published by the International Bureau.

   (b)  The status of international depositary authority shall be acquired as
        from the date of publication of the communication or, where a date has
        been indicated under paragraph (1) (b) and such date is later than the
        date of publication of the communication, as from such date.

(3) The details of the procedure under paragraphs (1) and (2) are provided in
the Regulations.
Article 8 Termination and Limitation of the Status of International Depositary
Authority (1) (a) Any Contracting State or any intergovernmental industrial
property organisation may request the Assembly to terminate, or to limit to
certain kinds of micro organisms, any authority's status of international
depositary authority on the ground that the requirements specified in Article
6 have not been or are no longer complied with. However, such a request may
not be made by a Contracting State or intergovernmental industrial property
organisation in respect of an international depositary authority for which it
has made the declaration referred to in Article 7 (1) (a).

   (b)  Before making the request under subparagraph (a), the Contracting
        State or the intergovernmental industrial property organisation shall,
        through the intermediary of the Director General, notify the reasons
        for the proposed request to the Contracting State or the
        intergovernmental industrial property organisation which has made the
        communication referred to in Article 7 (1) so that that State or
        organisation may, within six months from the date of the said
        notification, take appropriate action to obviate the need for making
        the proposed request.

   (c)  Where the Assembly finds that the request is well founded, it shall
        decide to terminate, or to limit to certain kinds of micro organisms,
        the status of international depositary authority of the authority
        referred to in subparagraph (a). The decision of the Assembly shall
        require that a majority of two-thirds of the votes cast be in favour
        of the request.

(2) (a) The Contracting State or intergovernmental industrial property
organisation having made the declaration referred to in Article 7 (1) (a) may,
by a communication addressed to the Director General, withdraw its declaration
either entirely or in respect only of certain kinds of micro organisms and in
any event shall do so when and to the extent that its assurances are no longer
applicable.

   (b)  Such a communication shall, from the date provided for in the
        Regulations, entail, where it relates to the entire declaration, the
        termination of the status of international depositary authority or,
        where it relates only to certain kinds of micro organisms, a
        corresponding limitation of such status.

(3) The details of the procedure under paragraphs (1) and (2) are provided in
the Regulations.
Article 9
Intergovernmental Industrial Property Organisations (1) (a) Any
intergovernmental organisation to which several States have entrusted the task
of granting regional patents and of which all the member States are members of
the International (Paris) Union for the Protection of Industrial Property may
file with the Director General a declaration that it accepts the obligation of
recognition provided for in Article 3 (1) (a), the obligation concerning the
requirements referred to in Article 3 (2) and all the effects of the
provisions of this Treaty and the Regulations applicable to intergovernmental
industrial property organisations. If filed before the entry into force of
this Treaty according to Article 16 (1), the declaration referred to in the
preceding sentence shall become effective on the date of the said entry into
force. If filed after such entry into force, the said declaration shall become
effective three months after its filing unless a later date has been indicated
in the declaration. In the latter case, the declaration shall take effect on
the date thus indicated.

   (b)  The said organisation shall have the right provided for in Article 3
        (1) (b). (2) Where any provision of this Treaty or of the Regulations
        affecting intergovernmental industrial property organisations is
        revised or amended, any intergovernmental industrial property
        organisation may withdraw its declaration referred to in paragraph (1)
        by notification addressed to the Director General. The withdrawal
        shall take effect:

        (i)    where the notification has been received before the date on
               which the revision or amendment enters into force, on that
               date;

   (ii) where the notification has been received after the date referred to in
        (i), on the date indicated in the notification or, in the absence of
        such indication, three months after the date on which the notification
        was received.

(3) In addition to the case referred to in paragraph (2), any
intergovernmental industrial property organisation may withdraw its
declaration referred to in paragraph (1) (a) by 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. No notification of
withdrawal under this paragraph shall be receivable during a period of five
years from the date on which the declaration took effect. (4) The withdrawal
referred to in paragraph (2) or (3) by an intergovernmental industrial
property organisation whose communication under Article 7 (1) has led to the
acquisition of the status of international depositary authority by a
depositary institution shall entail the termination of such status one year
after the date on which the Director General has received the notification of
withdrawal. (5) Any declaration referred to in paragraph (1) (a), notification
of withdrawal referred to in paragraph (2) or (3), assurances furnished under
Article 6 (1), second sentence, and included in a declaration made in
accordance with Article 7 (1) (a), request made under Article 8 (1) and
communication of withdrawal referred to in Article 8 (2) shall require the
express previous approval of the supreme governing organ of the
intergovernmental industrial property organisation whose members are all the
States members of the said organisation and in which decisions are made by the
official representatives of the governments of such States.
CHAPTER II
Administrative provisions
Article 10
Assembly Each Contracting State shall be represented by one delegate, who may
be assisted
by alternate delegates, advisors, and experts. Each intergovernmental
industrial property organisation shall be represented by special observers in
the meetings of the Assembly and any committee and working group established
by the Assembly. Any State not member of the Union which is a member of the
Organisation or of the International (Paris) Union for the Protection of
Industrial Property and any intergovernmental organisation specialised in the
field of patents other than an
intergovernmental industrial property organisation as defined in Article 2 (v)
may be represented by observers in the meetings of the Assembly and, if the
Assembly so decides, in the meetings of any committee or working group
established by the Assembly. (2) (a) The Assembly shall:

        (i)    deal with all matters concerning the maintenance and
               development of the Union and the implementation of this Treaty;

        (ii)   exercise such rights and perform such tasks as are specially
               conferred upon it or assigned to it under this Treaty;

        (iii)  give directions to the Director General concerning the
               preparations for revision conferences;

        (iv)   review and approve the reports and activities of the Director
               General concerning the Union, and give him all necessary
               instructions concerning matters within the competence of the
               Union;

        (v)    establish such committees and working groups as it deems
               appropriate to facilitate the work of the Union;

        (vi)   determine, subject to paragraph (1) (d), which States other
               than Contracting States, which intergovernmental organisations
               other than intergovernmental industrial property organisations
               as defined in Article 2 (v) and which international
               non-governmental organisations shall be admitted to its
               meetings as observers and to what extent international
               depositary authorities shall be admitted to its meetings as
               observers;

        (vii)  take any other appropriate action designed to further the
               objectives of the Union;

        (viii) perform such other functions as are appropriate under this
               Treaty.

   (b)  With respect to matters which are of interest also to other Unions
        administered by the Organisation, the Assembly shall make its
        decisions after having heard the advice of the Coordination Committee
        of the Organisation.

(3) A delegate may represent, and vote in the name of, one State only.

(4) Each Contracting State shall have one vote.

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

   (b)  In the absence of the quorum, the Assembly may make decisions but,
        with the exception of decisions concerning its own procedure, all such
        decisions shall take effect only if the quorum and the required
        majority are attained through voting by correspondence as provided in
        the Regulations.

(6) (a) Subject to Articles 8 (1) (c), 12 (4) and 14 (2) (b), the decisions of
the Assembly shall require a majority of the votes cast.

   (b)  Abstentions shall not be considered as votes. (7) (a) The Assembly
        shall meet once in every third calendar year in ordinary session upon
        convocation by the Director General, preferably during the same period
        and at the same place as the General Assembly of the Organisation.

   (b)  The Assembly shall meet in extraordinary session upon convocation by
        the Director General, either on his own initiative or at the request
        of one-fourth of the Contracting States.

(8) The Assembly shall adopt its own rules of procedure.

Article 11
International Bureau (1) The International Bureau shall:

        (i)    perform the administrative tasks concerning the Union, in
               particular such tasks as are specifically assigned to it under
               this Treaty and the Regulations or by the Assembly;

        (ii)   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 and dealing with matters of concern to the Union.

(2) The Director General shall be the chief executive of the Union and shall
represent the Union. (3) The Director General shall convene all meetings
dealing with matters of concern to the Union. (4) (a) The Director General and
any staff member designated by him shall participate, without the right to
vote, in all meetings of the Assembly, the committees and working groups
established by the Assembly, and any other meeting convened by the Director
General and dealing with matters of concern to the Union.

   (b)  The Director General, or a staff member designated by him, shall be ex
        officio secretary of the Assembly, and of the committees, working
        groups and other meetings referred to in subparagraph (a). (5) (a) The
        Director General shall, in accordance with the directions of the
        Assembly, make the preparations for revision conference.

   (b)  The Director General may consult with intergovernmental and
        international non-governmental organisations concerning the
        preparations for revision conferences.

   (c)  The Director General and persons designated by him shall take part,
        without the right to vote, in the discussions at revision conference.

   (d)  The Director General, or a staff member designated by him, shall be ex
        officio secretary of any revision conference.

Article 12
Regulations (1) The Regulations provide rules concerning:

        (i)    matters in respect of which this Treaty expressly refers to the
               Regulations or expressly provides that they are or shall be
               prescribed;

   (ii) any administrative requirements, matters or procedures;

   (iii) any details useful in the implementation of this Treaty.

(2) The Regulations adopted at the same time as this Treaty are annexed to
this Treaty. (3) The Assembly may amend the Regulations. (4) (a) Subject to
subparagraph (b), adoption of any amendment of the Regulations shall require
two-thirds of the votes cast.

   (b)  Adoption of any amendment concerning the furnishing of samples of
        deposited micro organisms by the international depositary authorities
        shall require that no Contracting State vote against the proposed
        amendment.

(5) In the case of conflict between the provisions of this Treaty and those of
the Regulations, the provisions of this Treaty shall prevail.
CHAPTER III
Revision and amendment
Article 13
Revision of the Treaty (1) This Treaty may be revised from time to time by
conferences of the Contracting States. (2) The convocation of any revision
conference shall be decided by the Assembly. (3) Articles 10 and 11 may be
amended either by a revision conference or according to Article 14.
Article 14
Amendment of Certain Provisions of the Treaty (1) (a) Proposals under this
Article for the amendment of Articles 10 and 11 may be initiated 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 in advance of their
        consideration by the Assembly.

(2) (a) Amendments to the Articles referred to in paragraph (1) shall be
adopted by the Assembly.

   (b)  Adoption of any amendment to Article 10 shall require four-fifths of
        the votes cast; adoption of any amendment to Article 11 shall require
        three-fourths of the votes cast.

(3) (a) Any amendment to the Articles referred to in paragraph (1) shall enter
into force one month after written notifications of acceptance, effected in
accordance with their respective constitutional processes, have been received
by the Director General from three-fourths of the Contracting States members
of the Assembly at the time the Assembly adopted the amendment.

   (b)  Any amendment to the said Articles thus accepted shall bind all the
        Contracting States which were Contracting States at the time the
        amendment was adopted by the Assembly, provided that any amendment
        creating financial obligations for the said Contracting States or
        increasing such obligations shall bind only those Contracting States
        which have notified their acceptance of such amendment.

   (c)  Any amendment which has been accepted and which has entered into force
        in accordance with subparagraph (a) shall bind all States which become
        Contracting States after the date on which the amendment was adopted
        by the Assembly.

CHAPTER IV
Final Provisions
Article 15
Becoming party to the Treaty (1) Any State member of the International (Paris)
Union for the Protection of Industrial Property may become party to this
Treaty by:

        (i)    signature followed by the deposit of an instrument of
               ratification, or

   (ii) deposit of an instrument of accession.

(2) 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, with
respect to the first five States which have deposited their instruments of
ratification or accession, three months after the date on which the fifth
instrument of ratification or accession has been deposited. (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 unless a later date has been indicated 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 day on which the Director General has received the
notification. (3) The right of denunciation provided for in paragraph (1)
shall not be exercised by any Contracting State before the expiration of five
years from the date on which it becomes party to this Treaty. (4) The
denunciation of this Treaty by a Contracting State that has made a declaration
referred to in Article 7 (1) (a) with respect to a depositary institution
which thus acquired the status of international depositary authority shall
entail the termination of such status one year after the day on which the
Director General received the notification referred to in paragraph (1).
Article 18
Signature and Languages of the Treaty (1) (a) This Treaty shall be signed in a
single original in the English and French languages, both texts being equally
authentic.

   (b)  Official texts of this Treaty shall be established by the Director
        General, after consultation with the interested Governments and within
        two months from the date of signature of this Treaty, in the other
        languages in which the Convention Establishing the World Intellectual
        Property Organization was signed.

   (c)  Official texts of this Treaty shall be established by the Director
        General, after consultation with the interested Governments, in the
        Arabic, German, Italian, Japanese and Portuguese languages, and such
        other languages as the Assembly may designate.

(2) This Treaty shall remain open for signature at Budapest until 31 December,
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 transmit
two copies, certified by him, of this Treaty and the Regulations to the
Governments of all the States referred to in Article 15 (1), to the
intergovernmental organisations that may file a declaration under Article 9
(1) (a) and, on request, to the Government of any other State. (3) The
Director General shall register this Treaty with the Secretariat of the United
Nations. (4) The Director General shall transmit two copies, certified by him,
of any amendment to this Treaty and to the Regulations to all Contracting
States, to all intergovernmental industrial property organisations and, on
request, to the government of any other State and to any other
intergovernmental organisation that may file a declaration under Article 9 (1)
(a).
Article 20
Notifications The Director General shall notify the Contracting States, the
intergovernmental industrial property organisations and those States not
members of the Union which are members of the International (Paris) Union for
the Protection of Industrial Property of:

        (i)    signatures under Article 18;

   (ii) deposits of instruments of ratification or accession under Article 15
        (2);

   (iii) Declarations filed under Article 9 (1) (a) and notifications of
        withdrawal under Article 9 (2) or (3);

   (iv) the date of entry into force of this Treaty under Article 16 (1);

   (v)  the communications under Articles 7 and 8 and the decisions under
        Article 8;

   (vi) acceptance of amendments to this Treaty under Article 14 (3);

   (vii) any amendment of the Regulations;

   (viii) the dates on which amendments to the Treaty or the Regulations enter
        into force;

   (ix) denunciations received under Article 17.

REGULATIONS UNDER THE BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF THE
DEPOSIT OF MICRO ORGANISMS FOR THE PURPOSE OF PATENT PROCEDURE
Rule 1
Abbreviated Expressions and Interpretation of the Word 'Signature' 1.1
'Treaty' In these Regulations, the word 'Treaty' means the Budapest Treaty on
the International Recognition of the Deposit of Micro organisms for the
Purposes of Patent Procedure. 1.2 'Article' In these Regulations, the word
'Article' refers to the specified Article of the Treaty. 1.3 'Signature' In
these Regulations, whenever the word 'signature' is used, it shall be
understood that, where the law of the State on the territory of which an
international depositary authority is located requires the use of a seal
instead of a signature, the said word shall mean 'seal' for the purposes of
that authority.
Rule 2
International Depositary Authorities 2.1 Legal Status Any international
depositary authority may be a government agency, including any public
institution attached to a public administration other than the central
government, or a private entity. 2.2 Staff and facilities The requirements
referred to in Article 6 (2) (ii) shall include in particular the following:

        (i)    the staff and facilities of any international depositary
               authority must enable the said authority to store the deposited
               micro organisms in a manner which ensures that they are kept
               viable and uncontaminated;

   (ii) any international depositary authority must, for the storage of micro
        organisms, provide for sufficient safety measures to minimize the risk
        of losing micro organisms deposited with it.

2.3 Furnishing of Samples The requirements referred to in Article 6 (2) (viii)
shall include in particular the requirement that any international depositary
authority must furnish samples of deposited micro organisms in an expeditious
and proper manner.
Rule 3
Acquisition of the Status of International Depositary Authority 3.1
Communication (a) The communication referred to in Article 7 (1) shall be
addressed to the Director General, in the case of a Contracting State, through
diplomatic channels or, in the case of an intergovernmental industrial
property organisation, by its chief executive officer. (b) The communication
shall:

        (i)    indicate the name and address of the depositary institution to
               which the communication relates;

   (ii) contain detailed information as to the said institution's capacity to
        comply with the requirements specified in Article 6 (2), including
        information on its legal status, scientific standing, staff and
        facilities;

   (iii) where the said depositary institution intends to accept for deposit
        only certain kinds of micro organisms, specify such kinds;

   (iv) indicate the amount of any fees that the said institution will, upon
        acquiring the status of international depositary authority, charge for
        storage, viability statements and furnishing of samples of micro
        organisms;

   (v)  indicate the official language or languages of the said institution;

   (vi) where applicable, indicate the date referred to in Article 7 (1) (b).

3.2 Processing of the Communication If the communication complies with Article
7 (1) and Rule 3.1, it shall be promptly notified by the Director General to
all Contracting States and intergovernmental industrial property organisations
and shall be promptly published by the International Bureau. 3.3 Extension of
the List of Kinds of Micro organisms Accepted The Contracting State or
intergovernmental industrial property organisation having made the
communication referred to in Article 7 (1) may, at any time thereafter, notify
the Director General that its assurances are extended to specified kinds of
microorganisms to which, so far, the assurances have not extended. In such a
case, and as far as the additional kinds of microorganisms are concerned,
Article 7 and Rules 3.1 and 3.2 shall apply, mutatis mutandis.
Rule 4 Termination or Limitation of the Status of International Depositary
Authority 4.1 Request; Processing of Request (a) The request referred to in
Article 8 (1) (a) shall be addressed to the Director General as provided in
Rule 3.1 (a).

(b) The request shall:

        (i)    indicate the name and address of the international depositary
               authority concerned;

   (ii) where it relates only to certain kinds of micro organisms, specify
        such kinds;

   (iii) indicate in detail the facts on which it is based.

(c) If the request complies with paragraphs (a) and (b), it shall be promptly
notified by the Director General to all Contracting States and
intergovernmental industrial property organisations. (d) Subject to paragraph
(e), the Assembly shall consider the request not earlier than six and not
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
paragraph (d) could endanger the interests of actual or potential depositors,
he may convene the Assembly for a date earlier than the date of the expiration
of the six-month period provided for in paragraph (d). (f) If the Assembly
decides to terminate, or to limit to certain kinds of micro organisms, the
status of international depositary authority, the said decision shall become
effective three months after the date on which it was made. 4.2 Communication;
Effective Date; Processing of Communication (a) The communication referred to
in Article 8 (2) (a) shall be addressed to the Director General as provided in
Rule 3. 1 (a). (b) The communication shall:

        (i)    indicate the name and address of the international depositary
               authority concerned;

   (ii) where it relates only to certain kinds of micro organisms, specify
        such kinds;

   (iii) where the Contracting State or intergovernmental industrial property
        organisation making the communication desires that the effects
        provided for in Article 8 (2) (b) take place on a date later than at
        the expiration of three months from the date of the communication,
        indicate that later date. (c) Where paragraph (b) (iii) applies, the
        effects provided for in Article 8 (2) (b) shall take place on the date
        indicated under that paragraph in the communication; otherwise, they
        shall take place at the expiration of three months from the date of
        the communication. (d) The Director General shall promptly notify all
        Contracting States and intergovernmental industrial property
        organisations of any communication received under Article 8 (2) and of
        its effective date under paragraph (c). A corresponding notice shall
        be promptly published by the International Bureau. 4.3 Consequences
        for Deposits In the case of a termination of limitation of the status
        of international depositary authority under Articles 8 (1), 8 (2), 9
        (4) or 17 (4), Rule 5.1 shall apply, mutatis mutandis.
Rule 5
Defaults by the International Depositary Authority 5.1 Discontinuance of
Performance of Functions in Respect of Deposited Micro organisms (a) If any
international depositary authority temporarily or definitively discontinues
the performance of any of the tasks it should perform under the Treaty and
these Regulations in relation to any micro organisms deposited with it, the
Contracting State or intergovernmental industrial property organisation which,
in respect of that authority, has furnished the assurances under Article 6 (1)
shall:

        (i)    ensure, to the fullest extent possible, that samples of all
               such micro organisms are transferred promptly and without
               deterioration or contamination from the said authority ('the
               defaulting authority') to another international depositary
               authority (' the substitute authority');

   (ii) ensure, to the fullest extent possible, that all mail or other
        communications addressed to the defaulting authority, and all files
        and other relevant information in the possession of that authority, in
        respect of the said micro organisms are promptly transferred to the
        substitute authority;

   (iii) ensure, to the fullest extent possible, that the defaulting authority
        promptly notifies all depositors affected of the discontinuance of the
        performance of its functions and the transfers effected;

   (iv) promptly notify the Director General of the fact and the extent of the
        discontinuance in question and of the measures which have been taken
        by the said Contracting State or intergovernmental industrial property
        organisation under (i) to (iii).

(b) The Director General shall promptly notify the Contracting States and the
intergovernmental industrial property organisations as well as the industrial
property offices of the notification received under paragraph (a) (iv); the
notification of the Director General and the notification received by him
shall be promptly published by the International Bureau. (c) Under the
applicable patent procedure it may be required that the depositor shall,
promptly after receiving the receipt referred to in Rule 7.5, notify to any
industrial property office with which a patent application was filed with
reference to the original deposit the new accession number given to the
deposit by the substitute authority. (d) The substitute authority shall retain
in an appropriate form the accession number given by the defaulting authority,
together with the new accession number. (e) In addition to any transfer
effected under paragraph (a) (i), the defaulting authority shall, upon request
by the depositor, transfer a sample of any micro organism deposited with it to
any international depositary authority indicated by the depositor other than
the substitute authority, provided that the depositor pays any expenses to the
defaulting authority resulting from the transfer of that sample. The depositor
shall pay the fee for the storage of the said sample to the international
depositary authority indicated by him. (f) On the request of any depositor
affected, the defaulting authority shall retain, as far as possible, samples
of the micro organisms deposited with it. 5.2 Refusal to Accept Certain Kinds
of Micro organisms (a) If any international depositary authority refuses to
accept for deposit any of the kinds of micro organisms which it should accept
under the assurances furnished, the Contracting State or intergovernmental
industrial property organisation which, in respect of that authority, has made
the declaration referred to in Article 7 (1) (a) shall promptly notify the
Director General of the relevant facts and the measures which have been taken.
(b) The Director General shall promptly notify the other Contracting States
and intergovernmental industrial property organisations of the notification
received under paragraph (a); the notification of the Director General and the
notification received by him shall be promptly published by the International
Bureau.
Rule 6
Making the Original Deposit or New Deposit 6.1 Original Deposit (a) The micro
organism transmitted by the depositor to the international depositary
authority shall, except where Rule 6.2 applies, be accompanied by a written
statement bearing the signature of the depositor and containing:

        (i)    an indication that the deposit is made under the Treaty;

   (ii) the name and address of the depositor;

   (iii) details of the conditions necessary for the cultivation of the micro
        organism, for its storage and for testing its viability and also,
        where a mixture of micro organisms is deposited, descriptions of the
        components of the mixture and at least one of the methods permitting
        the checking of their presence;

   (iv) an identification reference (number, symbols, etc.) given by the
        depositor to the micro organism;

   (v)  an indication of the properties of the micro organism which the
        international depositary authority cannot be expected to foresee but
        which are dangerous to health or the environment, particularly in the
        case of new micro organisms.

(b) It is strongly recommended that the written statement referred to in
paragraph (a) should contain the scientific description and/or proposed
taxonomic designation of the deposited micro organism. 6.2 New Deposit (a)
Subject to paragraph (b), in the case of a new deposit made under Article 4,
the micro organism transmitted by the depositor to the international
depositary authority shall be accompanied by a copy of the receipt of the
original deposit, a copy of the most recent statement concerning the viability
of the micro organism originally deposited indicating that the micro organism
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) to (v);

   (ii) a declaration stating the reason relevant under Article 4 (1) (a) for
        making the new deposit, the statement required under Article 4 (1)
        (c), and, where applicable, an indication of the date relevant under
        Article 4 (1) (e);

   (iii) where a scientific description and/or proposed taxonomic designation
        was/were indicated in connection with the original deposit, the most
        recent scientific description and/or proposed taxonomic designation as
        existing on the date relevant under Article 4 (1) (e).

(b) Where the new deposit is made with the international depositary authority
with which the original deposit was made, paragraph (a) (i) shall not apply.
6.3 Requirements of the International Depositary Authority (a) Any
international depositary authority may require that the micro organism be
deposited in the form and quantity necessary for the purposes of the Treaty
and these Regulations and be accompanied by a form established by such
authority and duly completed by the depositor for the purposes of the
administrative procedures of such authority. (b) Any international depositary
authority shall communicate any such requirements and any amendments thereof
to the International Bureau.
Rule 7
Receipt 7.1 Issuance of Receipt The international depositary authority shall
issue to the depositor, in respect of each deposit of micro organism effected
with it or transferred to it, a receipt in attestation of the fact that it has
received and accepted the micro organism. 7.2 Form; Languages; Signature (a)
Any receipt referred to in Rule 7.1 shall be established on a form called an
'international form,' a model of which shall be established by the Director
General in those languages which the Assembly shall designate. (b) Any words
or letters filled in in the receipt in characters other than those of the
Latin alphabet shall also appear therein transliterated in characters of the
Latin alphabet. (c) The receipt shall bear the signature of the person or
persons having the power to represent the international depositary authority
or that of any other official of that authority duly authorised by the said
person or persons. 7.3 Contents in the Case of the Original Deposit Any
receipt referred to in Rule 7.1 and issued in the case of an original deposit
shall indicate that it is issued by the depositary institution in its capacity
of international depositary authority under the Treaty and shall contain at
least the following indications:

        (i)    the name and address of the international depositary authority;

   (ii) the name and address of the depositor;

   (iii) the date of receipt of the micro organism by the international
        depositary authority;

   (iv) the identification reference (number, symbols, etc.) given by the
        depositor to the micro organism;

   (v)  the accession number given by the international depositary authority
        to the deposit;

   (vi) where the written statement referred to in Rule 6.1 (a) contains the
        scientific description and/or proposed taxonomic designation of the
        micro organism, a reference to that fact.

7.4 Contents in the Case of the New Deposit Any receipt referred to in Rule
7.1 and issued in the case of a new deposit effected under Article 4 shall be
accompanied by a copy of the receipt of the original deposit and a copy of the
most recent statement concerning the viability of the micro organism
originally deposited indicating that the micro organism is viable, and shall
at least contain:

        (i)    the indications referred to in Rule 7.3 (i) to (v);

   (ii) an indication of the relevant reason and, where applicable, the
        relevant date as stated by the depositor in accordance with Rule 6.2
        (a) (ii);

   (iii) where Rule 6.2 (a) (iii) applies, a reference to the fact that a
        scientific description and/or a proposed taxonomic designation
        has/have been indicated by the depositor;

   (iv) the accession number given to the original deposit.

7.5 Receipt in the Case of Transfer The international depositary authority to
which samples of micro organisms are transferred under Rule 5.1 (a)(i) shall
issue to the depositor, in respect of each deposit in relation with which a
sample is transferred, a receipt indicating that it is issued by the
depositary institution in its capacity of international depositary authority
under the Treaty and containing at least:

        (i)    the indications referred to in Rule 7.3 (i) to (v);

   (ii) the name and address of the international depositary authority from
        which the transfer was effected;

   (iii) the accession number given by the international depositary authority
        from which the transfer was effected.

7.6 Communication of the Scientific Description and/or Proposed Taxonomic
Designation On request of any party entitled to receive a sample of the
deposited micro organism under Rules 11.1, 11.2 or 11.3, the international
depositary authority shall communicate to such party the scientific
description and/or proposed taxonomic designation referred to in Rules 7.3
(vi) or 7.4 (iii).
Rule 8 Later Indication or Amendment of the Scientific Description and/or
Proposed
Taxonomic Designation 8.1 Communication (a) Where, in connection with the
deposit of a micro organism, the scientific description and/or taxonomic
designation of the micro organism was/were not indicated, the depositor may
later indicate or, where already indicated, may amend such description and/or
designation. (b) Any such later indication or amendment shall be made in a
written communication, bearing the signature of the depositor, addressed to
the international depositary authority and containing:

        (i)    the name and address of the depositor;

   (ii) the accession number given by the said authority;

   (iii) the scientific description and/or proposed taxonomic designation of
        the micro organism;

   (iv) in the case of an amendment, the last preceding scientific description
        and/or proposed taxonomic designation.

8.2 Attestation The international depositary authority shall, on the request
of the depositor having made the communication referred to in Rule 8.1,
deliver to him an attestation showing the data referred to in Rule 8.1 (b)(i)
to (iv) and the date of receipt of such communication.
Rule 9
Storage of Micro organisms 9.1 Duration of the Storage Any micro organism
deposited with an international depositary authority shall be stored by such
authority, with all the care necessary to keep it viable and uncontaminated,
for a period of at least five years after the most recent request for the
furnishing of a sample of the deposited micro organism was received by the
said authority and, in any case, for a period of at least 30 years after the
date of the deposit. 9.2 Secrecy No international depositary authority shall
give information to anyone whether a micro organism has been deposited with it
under the Treaty. Furthermore, it shall not give any information to anyone
concerning any micro organism deposited with it under the Treaty except to an
authority, natural person or legal entity which is entitled to obtain a sample
of the said micro organism under Rule 11 and subject to the same conditions as
provided in that Rule.
Rule 10
Viability Test and Statement 10.1 Obligation to Test The international
depositary authority shall test the viability of each micro organism 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 kind of micro organism and
        its possible storage conditions, or at any time, if necessary for
        technical reasons;

   (iii) at any time, on the request of the depositor.

10.2 Viability Statement (a) The international depositary authority shall
issue a statement concerning the viability of the deposited micro organism:

        (i)    to the depositor, promptly after any deposit referred to in
               Rule 6 or any transfer referred to in Rule 5.1;

   (ii) to the depositor, on his request, at any time after the deposit or
        transfer;

   (iii) to any industrial property office, other authority, natural person or
        legal entity, other than the depositor, to whom or to which samples of
        the deposited micro organism were furnished in conformity with Rule
        11, on his or its request, together with or at any time after such
        furnishing of samples.

(b) The viability statement shall indicate whether the micro organism is or is
no longer viable and shall contain:

        (i)    the name and address of the international depositary authority
               issuing it;

   (ii) the name and address of the depositor;

   (iii) the date of the deposit of the micro organism and of the transfer, if
        any;

   (iv) the accession number given by the said authority;

   (v)  the date of the test to which it refers;

   (vi) information on the conditions under which the viability test has been
        performed, provided that the said information has been requested by
        the party to which the viability statement is issued and that the
        results of the test were negative.

(c) In the cases of paragraph (a) (ii) and (iii), the viability statement
shall refer to the most recent viability test. (d) As to form, languages and
signature, Rule 7.2 shall apply, mutatis mutandis, to the viability statement.
(e) In the case of paragraph (a) (i) or where the request is made by an
industrial property office, the issuance of the viability statement shall be
free of charge. Any fee payable under Rule 12.1 (a) (iii) in respect of any
other viability statement shall be chargeable to the party requesting the
statement and shall be paid before or at the time of making the request.
Rule 11
Furnishing of Samples 11.1 Furnishing of Samples to Interested Industrial
Property Offices Any international depositary authority shall furnish a sample
of any deposited micro organism to the industrial property office of any
Contracting State or of any intergovernmental industrial property
organisation, on the request of such office, provided that the request shall
be accompanied by a declaration to the effect that:

        (i)    an application referring to the deposit of that micro organism
               has been filed with that office for the grant of a patent and
               that the subject matter of that application involves the said
               micro organism or the use thereof;

   (ii) such application is pending before that office or has led to the grant
        of a patent;

   (iii) the sample is needed for the purposes of a patent procedure having
        effect in the said Contracting State or in the said organisation or
        its member States;

   (iv) the said sample and any information accompanying or resulting from it
        will be used only for the purposes of the said patent procedure.

11.2 Furnishing of Samples to or with the Authorisation of the Depositor Any
international depositary authority shall furnish a sample of any deposited
micro organism:

        (i)    to the depositor, on his request;

   (ii) to any authority, natural person or legal entity (hereinafter referred
        to as 'the authorised party'), on the request of such party, provided
        that the request is accompanied by a declaration of the depositor
        authorising the requested furnishing of a sample.

11.3 Furnishing of Samples to Parties Legally Entitled (a) Any international
depositary authority shall furnish a sample of any deposited micro organism to
any authority, natural person or legal entity (hereinafter referred to as 'the
certified party'), on the request of such party, provided that the request is
made on a form whose contents are fixed by the Assembly and that on the said
form the industrial property office certifies:

        (i)    that an application referring to the deposit of that micro
               organism has been filed with that office for the grant of a
               patent and that the subject matter of that application involves
               the said micro organism or the use thereof;

   (ii) that, except where the second phrase of (iii) applies, publication for
        the purposes of patent procedure has been effected by that office;

   (iii) either that the certified party has a right to a sample of the micro
        organism under the law governing patent procedure before that office
        and, where the said law makes the said right dependent on the
        fulfilment of certain conditions, that that office is satisfied that
        such conditions have actually been fulfilled or that the certified
        party has affixed his signature on a form before that office and that,
        as a consequence of the signature of the said form, the conditions for
        furnishing a sample to the certified party are deemed to be fulfilled
        in accordance with the law governing patent procedure before that
        office; where the certified party has the said right under the said
        law prior to publication for the purposes of patent procedure by the
        said office and such publication has not yet been effected, the
        certification shall expressly state so and shall indicate, by citing
        it in the customary manner, the applicable provision of the said law,
        including any court decision.

(b) In respect of patents granted and published by any industrial property
office, such office may from time to time communicate to any international
depositary authority lists of the accession numbers given by that authority to
the deposits of the micro organisms referred to in the said patents. The
international depositary authority shall, on the request of any authority,
natural person or legal entity (hereinafter referred to as 'the requesting
party'), furnish to it a sample of any micro organism where the accession
number has been so communicated. In respect of deposited micro organisms whose
accession numbers have been so communicated, the said office shall not be
required to provide the certification referred to in Rule 11.3 (a). 11.4
Common Rules (a) Any request, declaration, certification or communication
referred to in Rules 11.1, 11.2 and 11.3 shall be

        (i)    in English, French, Russian or Spanish where it is addressed to
               an international depositary authority whose official language
               is or whose official languages include English, French, Russian
               or Spanish, respectively, provided that, where it must be in
               Russian or Spanish, it may be instead filed in English or
               French and, if it is so filed, the International Bureau shall,
               on the request of the interested party referred to in the said
               Rules or the international depositary authority, establish,
               promptly and free of charge, a certified translation into
               Russian or Spanish;

   (ii) in all other cases, it shall be in English or French, provided that it
        may be, instead, in the official language or one of the official
        languages of the international depositary authority.

(b) Notwithstanding paragraph (a), where the request referred to in Rule 11.1
is made by an industrial property office whose official language is Russian or
Spanish, the said request may be in Russian or Spanish, respectively, and the
International Bureau shall establish, promptly and free of charge, a certified
translation into English or French, on the request of that office. (c) Any
request, declaration, certification or communication referred to in Rules
11.1, 11.2 and 11.3 shall be in writing, shall bear a signature and shall be
dated. (d) Any request, declaration or certification referred to in Rules
11.1, 11.2 and 11.3 (a) shall contain the following indications:

        (i)    the name and address of the industrial property office making
               the request, of the authorised party or of the certified party,
               as the case may be;

   (ii) the accession number given to the deposit;

   (iii) in the case of Rule 11.1, the date and number of the application or
        patent referring to the deposit;

   (iv) in the case of Rule 11.3 (a), the indications referred to in (iii) and
        the name and address of the industrial property office which has made
        the certification referred to in the said Rule.

(e) Any request referred to in Rule 11.3 (b) shall contain the following
indications:

        (i)    the name and address of the requesting party;

   (ii) the accession number given to the deposit.

(f) The container in which the sample furnished is placed shall be marked by
the international depositary authority with the accession number given to the
deposit and shall be accompanied by a copy of the receipt referred to in Rule
7. (g) The international depositary authority having furnished a sample to any
interested party other than the depositor shall promptly notify the depositor
in writing of that fact, as well as of the date on which the said sample was
furnished and of the name and address of the industrial property office, of
the authorised party, of the certified party or of the requesting party, to
whom or to which the sample was furnished. The said notification shall be
accompanied by a copy of the pertinent request, of any declarations submitted
under Rules 11.1 or 11.2 (ii) in connection with the said request, and of any
forms or requests bearing the signature of the requesting party in accordance
with Rule 11.3. (h) The furnishing of samples referred to in Rule 11.1 shall
be free of charge. Where the furnishing of samples is made under Rule 11.2 or
11.3, any fee payable under Rule 12.1 (a) (iv) shall be chargeable to the
depositor, to the authorised party, to the certified party or to the
requesting party, as the case may be, and shall be paid before or at the time
of making the said request.
Rule 12
Fees 12.1 Kinds and Amounts (a) Any international depositary authority may,
with respect to the procedure under the Treaty and these Regulations, charge a
fee:

        (i)    for storage;

   (ii) for the attestation referred to in Rule 8.2;

   (iii) subject to Rule 10.2 (e), first sentence, for the issuance of
        viability statements;

   (iv) subject to Rule 11.4 (h), first sentence, for the furnishing of
        samples. (b) The fee for storage shall be for the whole duration of
        the storage of the micro organism as provided in Rule 9.1. (c) The
        amount of any fee shall not vary on account of the nationality or
        residence of the depositor or on account of the nationality or
        residence of the authority, natural person or legal entity requesting
        the issuance of a viability statement or furnishing of samples. 12.2
        Change in the Amounts (a) Any change in the amount of the fees charged
        by any international depositary authority shall be notified to the
        Director General by the Contracting State or intergovernmental
        industrial property organisation which made the declaration referred
        to in Article 7 (1) in respect of that authority. The notification
        may, subject to paragraph (c), contain an indication of the date from
        which the new fees will apply. (b) The Director General shall promptly
        notify all Contracting States and intergovernmental industrial
        property organisations of any notification received under paragraph
        (a) and of its effective date under paragraph (c); the notification of
        the Director General and the notification received by him shall be
        promptly published by the International Bureau. (c) Any new fees shall
        apply as of the date indicated under paragraph (a), provided that,
        where the change consists of an increase in the amounts of the fees or
        where no date is so indicated, the new fees shall apply as from the
        thirtieth day following the publication of the change by the
        International Bureau.
Rule 13
Publication by the International Bureau 13.1 Form of Publication Any
publication by the International Bureau referred to in the Treaty or these
Regulations shall be made in the monthly periodical of the International
Bureau referred to in the Paris Convention for the Protection of Industrial
Property. 13.2 Contents (a) At least in the first issue of each year of the
said periodical, an up-to-date list of the international depositary
authorities shall be published, indicating in respect of each such authority
the kinds of micro organisms that may be deposited with it and the amount of
the fees charged by it. (b) Full information on any of the following facts
shall be published once, in the first issue of the said periodical published
after the occurrence of the fact:

        (i)    any acquisition, termination or limitation of the status of
               international depositary authority, and the measures taken in
               connection with that termination or limitation;

   (ii) any extension referred to in Rule 3.3;

   (iii) any discontinuance of the functions of an international depositary
        authority, any refusal to accept certain kinds of micro organisms, and
        the measures taken in connection with such discontinuance 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.

Rule 14
Expenses of Delegations 14.1 Coverage of Expenses The expenses of each
delegation participating in any session of the Assembly and in any committee,
working group or other meeting dealing with matters of concern to the Union
shall be borne by the State or organisation which has appointed it.
Rule 15
Absence of Quorum in the Assembly 15.1 Voting by Correspondence (a) In the
case provided for in Article 10 (5) (b), the Director General shall
communicate any decision of the Assembly (other than decisions relating to the
Assembly's own procedure) to the Contracting States which were not represented
when the decision was made and shall invite them to express in writing their
vote or abstention within a period of three months from the date of the
communication. (b) If, at the expiration of the said period, the number of
Contracting States having thus expressed their vote or abstention attains the
number of Contracting States which was lacking for attaining the quorum when
the decision was made, that decision shall take effect provided that at the
same time the required majority still obtains.