Budapest Notification No. 89
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 Culture Center of Microorganisms (KCCM) and by the Korean Collection for Type Cultures (KCTC)

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 April 27, 1990, of a written communication, dated April 25, 1990, from the Government of the Republic of Korea, relating to the Korean Culture Center of Microorganisms (KCCM) and the Korean Collection for Type Cultures (KCTC), indicating that the said depositary institutions are located on the territory of the Republic of Korea and including a declaration of assurances to the effect that the said institutions comply 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 Culture Center of Microorganisms (KCCM) and the Korean Collection for Type Cultures (KCTC) will acquire the status of international depositary authority under the Budapest Treaty as from June 30, 1990, the date of publication of the said communication in the June 1990 issue of Industrial Property/La Propriété industrielle.

May 21, 1990

Text of the Written Communication of the Government of the Republic of Korea, dated April 25, 1990, Relating to the Acquisition of the Status of International Depositary Authority by the Korean Culture Center of Microorganisms (KCCM) and by the Korean Collection for Type Cultures (KCTC)

COMMUNICATION

I have the honour to refer to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977 and to advise that in accordance with the provisions of Article 7 of the aforesaid Treaty, the Government of the Republic of Korea nominates the Korean Culture Center of Microorganisms (KCCM) and the Korean Collection for Type Cultures (KCTC) as International Depository Authorities.

The Government of the Republic of Korea gives its assurances that the KCCM and the KCTC comply with and will continue to comply with the requirement specified in Article 6(2) of the said Treaty.

KOREAN CULTURE CENTER OF MICROORGANISMS (KCCM)

1. Outline of the KCCM

(a) Legal Status, Name and Address

The "Korean Culture Center of Microorganisms" (abbreviated to "KCCM") is the Subsidiary Culture Collection of the Korean Federation of Culture Collections (KFCC) which was organized in 1967 as a non-profit corporation by the scientists and related people in universities and industries in Korea. And it got an official approval as a depositary authority from the Korea Industry Property Office and since then has stored about 700 patented strains deposited by national and foreign depositors. It was the first official Culture Collection in Korea.

It is domiciled at the following address:

Korean Culture Center of Microorganisms (KCCM)
College of Engineering, Yonsei University
Sodaemun gu, Seoul, 120-749 Korea
Tel.: 02-392-0950
Fax: 02-392-2859

(b) Staff

The KCCM's employees are totally 10 and eight out of them are graduates.

The KCCM is sub-divided into working groups, each responsible for particular groups of microorganisms or specific areas. Deposits of microorganisms for the purposes of patent procedure are processed in a separate group.

(c) Facilities

The KCCM has premises with a total area of approximately 300m². And the KCCM laboratories are equipped with up-to-date facilities, allowing all general microbiological work to be carried out efficiently.

All modern processes including lyophilization, storage in deep freezer and liquid nitrogen for long-term storage of microorganisms are available.

2. Requirements for Deposit

(a) Kinds of Microorganisms that May Be Deposited

Bacteria, actinomycetes, fungi, yeasts, plasmids, bacteria containing plasmids, viruses, bacteriophages, except:

- hybridomas, plant tissue cultures, rickettsiae
- microorganisms liable to require viability testing that the KCCM is technically not able to carry out;
- mixtures of undefined and/or unidentifiable microorganisms.

The KCCM reserves the right to refuse any microorganism for security reasons: specific risks to human beings, animals, plants and the environment. In cases where a microorganism cannot be lyophilized, the KCCM must be consulted in advance about the conditions for acceptance.

(b) Technical Requirements and Procedures

(i) Form and Quantity

Whenever possible, cultures submitted to the KCCM for deposit should be lyophilized. Viruses that cannot be lyophilized and bacteriophages should be frozen. All replicates of the microorganisms to be deposited should be from the same batch of lyophilized or frozen preparations.

Bacteriophage suspensions must contain at least 10⁷ plaque forming units per ml. The minimum number of replicates that must be submitted by the depositor is as follows:

- bacteria, fungi, yeasts, actinomycetes: 8
- plasmids, bacteria containing plasmids, viruses, bacteriophages: 25.

(ii) Time Required for Viability Testing

The average length of time required for testing the viability of the microorganisms accepted by the KCCM is given below, but depositors should realize that in some cases it may take longer.

- bacteria: 7 days (or up to 14 days)
- fungi, yeasts, actinomycetes: 10 days (or up to 20 days)
- plasmids, bacteria containing plasmids, viruses, bacteriophages: 10 days (or up to 30 days)

(iii) Depositor Checks and Renewal of Stocks

The KCCM prepares its own batches in lyophilized or frozen form at the deposit time by subculturing the microorganism supplied by the depositor. New batches are prepared from these as necessary thereafter for the renewal of diminishing stocks. The depositor is required to test for authenticity samples of all batches of his microorganisms prepared by the KCCM.

Despite the methods for preparing batches of samples for distribution, the KCCM nevertheless stores a portion of the original material supplied by the depositor.

(c) Administrative Requirements and Procedures

(i) General

Language. The official language of KCCM is Korean. However, communications in English are also accepted.

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

Import and/or Quarantine Regulations. Overseas depositors must contact the KCCM in advance for advice about the shipping of their microorganisms. Certain pathogens are subject to import and/or quarantine regulations. The KCCM advises prospective depositors of such microorganisms of the procedures that must be followed to obtain the necessary permits.

(ii) Making the Original Deposit

Requirements to Be Met by the Depositor. Depositors are required to complete the equivalent of model form BP/1, which is used by the KCCM 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, and a request for attestation that the KCCM has received such information, the depositor must complete the equivalent of model form BP/7.

Official Notifications to the Depositor. The receipt and viability statement are issued on mandatory "international forms" 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 on the equivalent of model form BP/8. Notification of release of a sample to a third party is issued on form BP/14. The KCCM has its own standard forms for other official notifications.

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

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

(iii) 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 the normal storage fee levied for Budapest Treaty deposits, regardless of whether any fees had been paid previously in respect of those deposits.

(iv) 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 on mandatory "international forms" BP/5 and BP/9, respectively.

3. Furnishing of Samples

(a) Requests for Samples

The KCCM 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 KCCM will provide requesting parties with copies of model request form BP/12 and/or request forms used by individual property offices (where it has been supplied with such forms).

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

All samples of microorganisms furnished by the KCCM are from batches of its own preparations of the microorganisms.

(b) Notification to the Depositor

Depositors are notified on model form BP/14 when samples of their microorganisms have been furnished to third parties.

(c) Cataloguing of Budapest Treaty Deposits

The KCCM does not list Budapest Treaty deposits in its published catalog.

4. Schedule of fees

5. Guidance for Depositors

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

KOREAN COLLECTION FOR TYPE CULTURES (KCTC)

OUTLINE OF THE KCTC

1. Legal Status, Name and address

The "Korean Collection for Type Cultures" (abbreviated to "KCTC"), founded in 1971 as a national culture collection section of the Gene Bank as is itself a technical service section of the Genetic Engineering Center affiliated to the Korea Institute of Science and Technology.

The KCTC has been performing depositary tasks, such as issuing a receipt, storing and furnishing samples of microorganisms and cell lines, in conformity with the relevant requirements under the Korean Patent Law. Since its inauguration in 1981 as the authorized depositary institution in Korea, the KCTC has received about 500 deposits in connection with Korean patent applications. The current stock of microorganisms amount to some 8,000 strains.

It is domiciled at the following address:

39-1, Hawolgokdong, Sungbuk-gu,
Genetic Engineering Center,
Korea Institute of Science and Technology
Tel:  (882) 962-8801,
E-mail: DIALCOM 142:CDT0366,
Fax: (882) 968-1059

2. Staff

(a) Total member of employees: 21

(b) Number of graduates: 17

(c) The KCTC is sub-divided into 4 working groups, each responsible for particular groups of microorganisms or specific areas. Deposit of microorganisms for the purpose of patent procedures are processed in a separate group.

All its staff members are semi-government officials, and adequate measures are taken with regard not only to the safe guarding of secrecy, but to the ensuring objectivity and impartiality.

3. Facilities

The KCTC has premises with a total area of approximately 500m² And a laboratory building to which other occupants do not have access, is under construction. It has premises with a total area of approximately 1,600m².

The KCTC laboratories are equipped with up-to-date facilities, allowing all general microbiological and cell-biological work together with radio-isotope handling to be carried out efficiently. All modern processes (lyophilization, storage in liquid nitrogen) for long-term storage of microorganisms are available.

REQUIREMENTS FOR DEPOSIT

1. Kinds of microorganisms to be accepted

Under the Rule 3.3 of the Regulations under the Budapest Treaty, the following are accepted for deposit algae, bacteria (including actinomycetes), bacteria containing plasmids, bacteriophages, cell cultures (including hybridoma lines), fungi (including yeasts), protozoa and animal and plant viruses, EXCEPT:

(a) microorganisms having properties which are or may be dangerous to health or the environment;

(b) microorganisms which need the special containment required for experiments.

2. Technical Requirements and Procedures

(a) Form and Quantity

Whenever possible, cultures submitted to the KCTC for deposit should be lyophilized. Viruses that cannot be lyophilized and bacteriophages should be frozen. All replicates of the microorganisms to be deposited should be from the same batch of lyophilized or frozen preparations.

The minimum number of replicates that most be submitted by the depositor is as follows:

- actinomycetes, bacteria, fungi, yeasts, bacteria containing plasmid: 10
- plasmids, algae, protozoa, animal and plant cell lines, hybridomas, viruses, bacteriophages: 25

(b) Time Required for Viability Testing

The average length of time required for testing the viability of the microorganisms accepted by the KCTC is given below, but depositors should realize that in some cases it may take longer.

- bacteria: 7 days (or up to 14 days)
- fungi, yeasts ,actinomycetes, algae, protozoa: 10 days (or up to 20 days)
- plasmids, bacteria containing plasmids, viruses, bacteriophages, animal and plant cell lines, hybridomas: 14 days (or up to 30 days)

(c) Depositor Checks and Renewal of Stocks

The KCTC prepares its own batches in lyophilized or frozen form at the deposit time by subculturing the microorganism supplied by the depositor. New batches are prepared from these as necessary thereafter for the renewal of diminishing stocks. The depositor is required to test for authenticity samples of all batches of his microorganisms prepared by the KCTC.

Despite the methods for preparing batches of samples for distribution, the KCTC nevertheless stores a portion of the original material supplied by the depositor.

3. Administrative Requirements and Procedures

(a) General

(i) Language: Korean is the official language of the KCTC. However, correspondence may also be carried out in English.

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

(iii) Import and/or Quarantine Regulations: Overseas depositors must contact the KCTC in advance for advice about the shipping of their microorganisms. Certain pathogens are subject to import and/or quarantine regulations. The KCTC advises prospective depositors of such microorganisms of the procedures that must be followed to obtain the necessary permits.

(b) Making the Original Deposit

(i) Requirements to Be Met by the Depositor: Depositors are required to complete the equivalent of model form BP/1, which is used by the KCTC 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, and a request for attestation that the KCTC has received such information, the depositor must complete the equivalent of model form BP/7.

(ii) Official Notifications to the Depositor: The receipt and viability statement are issued on mandatory "international forms" 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 on the equivalent of model form BP/8. Notification of release of a sample to a third party is issued on form BP/14. The KCTC has its own standard forms for other official notifications.

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

(iv) Supply of Information to Patent Agents: The KCTC does not routinely ask the depositor for the name and address of his patent agent. The KCTC 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 the normal storage fee levied for 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 on mandatory "international forms" BP/5 and BP/9, respectively.

FURNISHING OF SAMPLES

1. Requests for Samples

The KCTC 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 KCTC will provide requesting parties with copies of model request form BP/12 and/or request forms used by individual property offices (where it has been supplied with such forms).

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

All samples of microorganisms furnished by the KCTC are from batches of its own preparations of the microorganisms.

2. Notification to the Depositor

Depositors are notified on model form BP/14 when samples of their microorganisms have been furnished to third parties.

3. Cataloguing of Budapest Treaty Deposits

The KCTC does not list Budapest Treaty deposits in its published catalog.

SCHEDULE OF FEES

GUIDANCE FOR DEPOSITOR

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