Budapest Notification No. 114
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the Republic of Korea Relating to the Acquisition of the Status of International Depositary Authority by the Korean Cell Line Research Foundation (KCLRF)

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him of the receipt, on May 18, 1993, of a written communication, dated May 14, 1993, from the Government of the Republic of Korea, relating to the Korean Cell Line Research Foundation (KCLRF), indicating that the said depositary institution is located on the territory of the Republic of Korea and including a declaration of assurances to the effect that the said institution complies and will continue to comply with the requirements concerning the acquisition of the status of international depositary authority as specified in Article 6(2) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980.

The Korean Cell Line Research Foundation (KCLRF) will acquire the status of international depositary authority under the Budapest Treaty as from August 31, 1993, the date of publication of the said communication in the July/August 1993 issue of Industrial Property/La Propriété industrielle.

June 14, 1993

Text of the Written Communication of the Government of the Republic of Korea, dated May 14, 1993, Relating to the Acquisition of the Status of International Depositary Authority by the Korean Cell Line Research Foundation (KCLRF)

COMMUNICATION

Outline of Korean Cell Line Research Foundation

1. Legal Status, Name, and Address

The "Korean Cell Line Research Foundation" (abbreviated to "KCLRF") is a foundation for development, research, and depository of cell line, which is located in the Cancer Research Institute of Seoul National University College of Medicine. The KCLRF was originated from SNU Cell Line Bank of the Cancer Research Institute, Seoul National University College of Medicine in 1982. The current stock cell lines of KCLRF amount to some 200 including 110 Korean cell lines.

The address of KCLRF in Korea is:

Cancer Research Institute
Seoul National Univ. College of Medicine
28 Yungon-dong, Chongno-gu
Seoul, 110-799, Korea
Tel: 02-742-0020
Fax: 02-742-0021

2. Staff

(a) Total number of employees: 11
(b) Ph. D.: 1
(c) Masters: 6

All procedures related to deposits are processed by well-trained members of KCLRF.

3. Facilities

The KCLRF uses a total floor space of 300m2, and the laboratory building has its own security systems. The KCLRF laboratories are equipped with modern facilities for cell culture and long-term storage as well as equipment for handling radioactive isotopes.

Requirements for Deposit

1. Kinds of microorganisms accepted

The following are accepted as deposits:

- cell lines (animal, plant, and hybridomas)

EXCEPTIONS:

(a) Cell lines having properties which are or may be hazardous to the health or natural environment

(b) Cell lines which need special requirements for experiment.

2. Technical Requirements and Procedures

(a) Form and Quantity

Whenever possible, cell lines submitted to the KCLRF for deposits should be in frozen and viable culture states.

All cell lines submitted to the KCLRF for deposits should be free of contaminants.

The minimal number of replicates that must be submitted by the depositor is as follows:

Cell lines in frozen form: 7

(b) Time Required for Viability Test

The average time required for testing the viability of the cell lines accepted by the KCLRF is as follows. But in some cases, the test may take longer. Cell lines (animal, plant and hybridomas): 14 days (or up to 28 days)

(c) Depositor Checks and Renewal of Stocks

The KCLRF prepares its own batches in frozen form at the deposit time by subculturing, the microorganism supplied by a depositor.

New batches are prepared from these as necessary thereafter for the replenishment of diminishing stocks. The depositor is required to test for authenticity samples of all the batches of his cell lines prepared by the KCLRF.

Regardless of the methods for preparing the batches of samples for distribution, the KCLRF stores a portion of the original material supplied by the depositor.

3. Administrative Requirements and Procedures

(a) General

(1) Language: Korean is the official language of the KCLRF, but correspondence may be carried out in English also.

(2) Contract: The KCLRF does not enter into a written contract with the depositor defining the liabilities of either party. However, by signing the KCLRF deposit form, the depositor surrenders the right to withdraw his deposit during the required storage period.

(3) Import and/or Quarantine Regulation: Overseas depositors must contact the KCLRF in advance for advice about the shipping of their cell lines. Certain pathogens are subject to import and/or quarantine regulations. The KCLRF advises prospective depositors of such cell lines of the procedures which must be followed to obtain the necessary permits.

(b) Making the Original Deposit

(1) Requirements to be met by the Depositor: Depositors are required to complete the equivalent of model form BP/1, which is used by the KCLRF as its accession form for Budapest Treaty deposits. In the event of a later indication or amendment of the scientific description and/or proposed taxonomic designation, the depositor must complete the equivalent of model form BP/7.

(2) Official Notification to the Depositor: The receipt and viability statement are issued in mandatory "international form" BP/4 and BP/9, respectively.

Attestation of receipt of a later indication or amendment of the scientific description and/or proposed taxonomic designation is issued in the equivalent of model form, BP/8. Notification of release of sample to a third party is issued in form BP/14. The KCLRF has its own standard forms for other official notifications.

(3) Unofficial Notifications to the Depositor: If requested, the KCLRF will telephone the date of deposit and accession number after the microorganism has been received but before the official receipt is issued. The KCLRF will similarly communicate the result of the viability test before the viability statement is issued.

(4) Supply of Information to Patent Agent: The KCLRF does not routinely ask the depositor for the name and address of his patent agent. The KCLRF will send copies of the receipt and viability statement either to the depositor or to his agent if requested, but not to both.

(c) Converting a Previous Deposit

Deposits made outside the provisions of the Budapest Treaty may be converted by the original depositor to Budapest Treaty deposits only if they were originally made for patent purposes. The administrative requirements for conversion are similar to those to be met in respect of an original deposit made under the Treaty, except that the depositor is also required to supply a copy of the receipt of the previous deposit. All conversions are subject to payment of the normal storage fee levied on Budapest Treaty deposits, regardless of whether any fees had been paid previously in respect of those deposits.

(d) Making a New Deposit

The depositor is required to complete model form BP/2 when making a new deposit and to supply copies of the relevant documents required by Rule 6.2. The Receipt and viability statement for a new deposit are issued in mandatory "international form BP/5 and BP/9, respectively.

Furnishing of Samples

1. Requests for Samples

The KCLRF advises third parties of the correct procedures to follow in order to make a valid request. In the case of requests requiring proof of entitlement, the KCLRF will provide the requesting parties with copies of a model request form BP/12 and/or request forms used by individual property offices (where they have been supplied with such forms).

The KCLRF furnishes samples in the belief that it is the responsibility of the requesting party to ensure that it complies with any relevant health and safety requirements. When responding to requests from overseas, the KCLRF assumes that the requesting party has met the import requirements of its own country.

All samples of cell lines furnished by the KCLRF are from batches of its own preparation of the cell lines.

2. Notification of Budapest Treaty Deposits

Depositors are notified in model form BP/14 when samples of their cell lines have been furnished to third parties.

3. Cataloguing of Budapest Treaty Deposits

The KCLRF does not list Budapest Treaty deposits in the catalog of its own publication.

Schedule of Fees

Guidance for Deposition

The KCLRF does not at present produce specific written notes for the guidance of prospective depositors, but is always ready to offer advice by telephone or letters.