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 November 30, 1990, of the notification of the European Patent Organisation (EPO), dated November 26, 1990, stating an extension of the list of kinds of microorganisms accepted, for deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), 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. 22 of August 27, 1981). The text of that notification is attached.
The list so extended of the kinds of microorganisms accepted, for deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), as well as the fees relating thereto, will be published in the February 1991 issue of Industrial Property/La Propriété industrielle. The extended list will take effect as from the date (February 28, 1991) of that publication.
December 10, 1990
Text of the Notification of the European Patent Organisation (EPO), Dated November 26, 1990, Relating to an Extension of the List of Kinds of Microorganisms Accepted, for Deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM)
[Original: French; Translation provided by the International Bureau of WIPO]
NOTIFICATION
1. Extension of the List of Microorganisms Accepted
Pursuant to Rule 3.3 of the Regulations under the Budapest Treaty, I have the honor to notify you that the assurances given by the European Patent Organisation in its communications of July 23, 1981, March 8, 1988, and July 4, 1990, to the effect that the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), in its capacity as international depositary authority, complies and will continue to comply with the requirements specified in Article 6(2) of the Treaty, are extended, with certain limitations, to the following kinds of microorganisms:
- animal and human cell cultures.
Annex I hereto reproduces the entirety of the kinds of microorganisms now accepted by the authority.
2. Schedule of Fees
With reference to Rule 12 of the Budapest Treaty, I have the honor to inform you that DSM will charge the fees shown in Annex II hereto in respect of animal and human cell cultures.
3. Requirements Under Rule 6.3 of the Budapest Treaty
Finally, I would advise you that, in compliance with the requirements that DSM wishes to apply under Rule 6.3 to animal and human cell cultures, it will be necessary to deposit 12 cryoampoules for each cell culture.
[Annexes follow (language versions provided by the EPO)]
Annex I
KINDS OF MICROORGANISMS ACCEPTED FOR DEPOSIT BY THE DEPOSITORY AUTHORITY
The following are accepted for deposit:
1. bacteria, including actinomycetes,
2. fungi, including yeasts,
3. bacteriophages,
4. plasmids
(a) in a host,
(b) as an isolated DNA preparation,
5. plant viruses,
6. plant cell cultures,
7. animal and human cell cultures.
Re Kinds 1, 2, 3 and 4:
The DSM accepts for deposit only those bacteria, fungi, bacteriophages and plasmids which, pursuant to DIN 58 956 Part 1 (supplementary sheet 1), belong to hazard group I or II.
Re Kinds 1, 2, 3, 4, 5, 6 and 7:
The DSM must be able to process genetically manipulated strains or isolated DNA and also genetically manipulated plant viruses, plant cell cultures and animal and human cell cultures in accordance with Laboratory Safety Measures L1 or L2 contained in "Richtlinien zum Schutz vor Gefahren durch in-vitro neukombinierte Nukleinsäuren" (5th revised version, German Federal Ministry for Research and Technology, May 1986, Bundesanzeiger Verlagsgesellschaft mbH, Cologne) (Guidelines on protection against hazards resulting from in vitro recombinant nucleic acids).
Re Kind 5:
Plant viruses which cannot multiply through mechanical infection of plants cannot be accepted for deposit.
Re Kind 6:
Plant cell cultures can only be deposited in the form of callus or suspension cultures with non-differentiated growth. The material for deposit must be free from contamination by foreign organisms.
Re Kind 7:
Before being despatched to the DSM, animal and human cell cultures must be examined to ensure they are free of viruses.
Contaminated material (particularly material contaminated by mycoplasma) cannot be accepted for deposit.
It should be borne in mind that it takes the DSM 4 to 6 weeks to check for contamination by mycoplasma.
For all deposits:
Notwithstanding the restrictions mentioned above the DSM reserves the right to refuse to accept for deposit material which in its view represents an unacceptable hazard.
In all instances, it must be possible to preserve the deposited material by lyophilisation or storage in liquid nitrogen or by some other-method of long-term preservation without significant change.
Annex II
FEE SCHEDULE (RULE 12.1 OF THE BUDAPEST TREATY)
The fees for the deposit of animal and human cell cultures are as follows:
| DEM | ||||
| 1. | (a) | storage according to Rule 12.1(a)(i) of the Budapest Treaty | 2,400 | |
| (b) | conversion of a deposit made outside the Budapest Treaty into a deposit according to the Budapest Treaty | 2,400 | ||
| (c) | prolongation of the duration of the storage over the one provided by Rule 9 of the Budapest Treaty, per year | 80 | ||
| 2. | issuance of a viability statement (Rule 12.1(a)(iii) of the Budapest Treaty) | |||
| (a) | where a viability test is also requested | 200 | ||
| (b) | on the basis of the last viability test | 40 | ||
| 3. | furnishing of a sample (Rule 12.1(a)(iv) of the Budapest Treaty) (plus current freight costs) | 200 | ||
| 4. | communication of information under Rule 7.6 of the Budapest Treaty | 40 | ||
| 5. | attestation referred to in Rule 8.2 of the Budapest Treaty | 40 | ||
As a general rule, the fees under 1, 2, 4 and 5 above are subject to VAT, currently at the rate of 7%. Where samples are furnished, VAT is payable only by requesting parties in the Federal Republic of Germany.