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 July 31, 1987, of a communication dated July 30, 1987, by which the Government of Japan states that the assurances furnished by it in respect of the Fermentation Research Institute (FRI), an institution having the status of an 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, as amended on September 26, 1980 (see Budapest Notification No. 15 of March 31, 1981), are extended to include the kinds of microorganisms specified in the communication of the said Government and also states a change in the fees charged by the Fermentation Research Institute (FRI) as such an authority. The text of that communication is attached.
The said assurances shall become applicable to the kinds of microorganisms specified in the communication of the Government of Japan as from October 1, 1987, the date indicated in the said communication as the date on which the extension of the list of kinds of microorganisms accepted should take effect (see Article 7(2)(b) of the said Treaty). The said communication is also published in the September 1987 issue of Industrial Property/La Propriété industrielle.
The fees set forth in the said communication will apply as from the thirtieth day following the date of the publication (September 30, 1987) of the said fees in the September 1987 issue of Industrial Property/La Propriété industrielle, that is, as from October 30, 1987 (see Rule 12.2(c) of the Regulations under the Budapest Treaty), and will replace the fees for the storage of a microorganism, the delivery of the attestation referred to in Rule 8.2, the issuance of a viability statement, the furnishing of a sample and the communication of information under Rule 7.6, as published in the March 1984 issue of Industrial Property/La Propriété industrielle (see Budapest Notification No. 36 of March 9, 1984).
September 1, 1987
Text of the Communication of the Government of Japan, dated July 30, 1987, stating an extension of the list of kinds of microorganisms accepted and a change in fees charged by the Fermentation Research Institute (FRI)
COMMUNICATION
1. In accordance with Rule 3.3 of the Regulations under the Budapest Treaty, additions will be made to the kinds of microorganisms which the Fermentation Research Institute (FRI) accepts for deposit under the Budapest Treaty. The new list of these microorganisms will be as follows:
Fungi, yeast, bacteria, actinomycetes, animal cell cultures and plant cell cultures,
Except:
- microorganisms having properties which are or may be dangerous to human health or the environment;
- microorganisms which require the physical containment level P3 or P4 for experiments, as described in the Prime Minister's Guidelines for Recombinant DNA Experiments of 1986.
Effective date of addition: October 1, 1987.
2. In accordance with Rule 12.2(a) of the Regulations under the Budapest Treaty, the fee schedule of the FRI published in the March 1984 issue of Industrial Property will be modified as follows:
| (a) Storage: | Yen | ||
| - original deposit | 190,000 | ||
| - new deposit | 14,000 | ||
| (b) Attestation referred to in Rule 8.2 | 1,700 | ||
| (c) Issuance of a viability statement: | |||
| - if the depositor, when requesting the issuance of a viability statement, also requests a viability test | 9,700 | ||
| - other cases | 1,700 | ||
| (d) Furnishing of a sample | 10,000* | ||
| (e) Communication of information under Rule 7.6 | 1,700 | ||
* When furnishing a sample to a foreign institution;
- additional 37,000 Yen per one package as cost of a special container is payable for animal cell cultures;
- additional 800 Yen per one package as cost of a special container is payable for other microorganisms.
Effective date of modification of fees with respect to the added kinds of microorganisms (animal cell cultures, plant cell cultures and microorganisms which require the physical containment level P2): October 30, 1987.