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Budapest Notification No. 38
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Entry Into Force of Amendment to Article 10(7)(a)

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 His Excellency that the following amendment to 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, will enter into force on May 24, 1984:

    - in Article 10(7)(a), "third" is replaced by "second."

It is recalled that the said amendment was unanimously adopted by the Assembly of the Budapest Union on September 26, 1980 (see document AB/XI/9, paragraph 12). At that time, the number of the Contracting States and hence the number of the members of the Assembly was five. Those States were Bulgaria, France, Hungary, Japan and the United States of America.

The entry into force of the said amendment was brought about by the receipt by the Director General of notifications of acceptance of that amendment by the required number of Contracting States members of the said Assembly at the time the Assembly adopted that amendment, that is, from three-fourths of the five said member States. The required number of notifications is four. They were received, in chronological order from the following States (the date of receipt is indicated in parentheses): Hungary (January 27, 1982), Bulgaria (March 18, 1982), United States of America (November 14, 1983), France (April 24, 1984).

It is recalled that, according to the applicable provisions of the Budapest Treaty, the amendment binds not only "all the Contracting States which were Contracting States at the time the amendment was adopted by the Assembly" (Article 14(3)(b)) but also "all States which become Contracting States after the date on which the amendment was adopted by the Assembly" (Article 14(3)(c)).

April 30, 1984