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 March 26, 1990, of a written communication, dated March 22, 1990, from the Government of Australia, relating to the Australian Government Analytical Laboratories (AGAL), amending its communication, dated July 12, 1988, by which the Australian Government Analytical Laboratories (AGAL) acquired the status of international depositary authority under 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 (see Budapest Notification No. 72, dated August 15, 1988).
April 2, 1990
Text of the Written Communication of the Government of Australia, dated March 22, 1990, Relating to the Australian Government Analytical Laboratories (AGAL) Amending its Previous Communication, dated July 12, 1988
COMMUNICATION
I have the honour to refer to the Budapest Treaty on the International Recognition of the Deposit of Micro organisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977 ("The Treaty") and to the Written Communication of the Government of Australia, dated 12 July 1988, relating to the Australian Government Analytical Laboratories ("AGAL"). I have the further honour to advise that the following amended communication should be considered as Australia's nomination of AGAL as an International Depositary Authority ("IDA").
AGAL's function as an IDA in accordance with Article 7 of the Treaty is set out below. The Government of Australia furnishes its assurances that AGAL complies with and will continue to comply with the requirements specified in Article 6(2) of the said Treaty.
AGAL, which is part of the Commonwealth Department of Administrative Services, has had a continuous existence under various names since it was established in 1901 at the time of Federation of Australia.
The New South Wales Regional Laboratory, located at 1 Suakin Street, Pymble, NSW, 2073, Australia, through which AGAL intends to discharge its responsibilities as an IDA, contains a suite of laboratories specifically designed and built to allow microbiological work of the highest standard to be performed. AGAL has all the facilities necessary for the culturing, checking and long term preservation of microbial cells. In addition, a staff of two has been assigned to fulfil the various specialised scientific services required to ensure that deposits are maintained viable and uncontaminated. A Scientific Advisory Committee, which includes the Senior Microbiologist in charge of the Collection, will be responsible to the Australian Government Analyst for the operation of AGAL as an IDA.
As a scientific institution AGAL necessarily performs and will continue to perform its function in an impartial and objective manner.
For the purpose of deposit, AGAL will be available to any depositor under the same conditions.
AGAL will accept for deposit bacteria (including actinomycetes), yeasts and fungi, other than known human and animal pathogens., that can be preserved without significant change to their properties by the methods of preservation in use (these are currently freezing and freeze drying). Micro organisms accepted for deposit by AGAL will be examined for viability and stored as prescribed in the Regulations under the Treaty. AGAL will not at this time accept for deposit animal, plant, algal and protozoal cultures, cultures of viral, rickettsial and chlamydial agents, micro-organisms which may require, in the view of the curator, special attention to handling and preparation for storage.
AGAL will, in accordance with the Regulations, issue to the depositor a receipt and any required viability statement.
Patent cultures will, be stored in a locked refrigerator and will be subject to regular audit. Only authorised staff will have access to them. AGAL will comply with the secrecy requirements prescribed in the Regulations.
AGAL will also furnish samples of deposited micro organisms under the conditions and in conformity with the procedures prescribed in the Regulations.
In accordance with Rule 6.3(a) of the Regulations, AGAL requires before it will accept micro organisms for deposit:
(i) that a deposit of a micro organism should be in adequate form and adequate quantity to enable AGAL to carry out properly its duties under the Regulations;
(ii) that the written statement referred to in Rule 6.1(1) or 6.2(a) be drafted in English;
(iii) that the fee for storage referred to in Rule 12.1(a)(i) be paid; and
(iv) that the depositor complete an Application Form for the purposes of the administrative procedures of AGAL.
The fees, in Australian dollars, that AGAL will charge for storage, viability statements and furnishings of samples of micro organisms are set out below:
| For the storage of the micro organism in accordance with the Treaty | $750 | |
| For the issue of a Viability Statement in those cases in which, in accordance with Rule 10.2., a fee may be charged | $90 | |
| For the furnishing of a sample in accordance with Rules 11.2 and 11.3 | $60 |
(The fees will be payable to the Australian Government Analytical Laboratories and will be reviewed annually).
The official language of AGAL is English.