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 16, 1998, of the notification of the Government of the United States of America, dated February 24, 1998, regarding the new schedule of fees of the American Type Culture Collection (ATCC), an international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, and the extension of the assurances by the United States of America regarding the compliance by the ATCC, with respect to certain items, as required by Article 6(2) of the Budapest Treaty. The text of that notification is attached.
The fees set forth in the said notification will apply as from the thirtieth day following the date (April 30, 1998) of the publication of the said fees in the April 1998 issue of Industrial Property and Copyright/La Propriété industrielle et le Droit d'auteur, that is, as from May 31, 1998 (see Rule 12.2(c) of the Regulations under the Budapest Treaty). The said fees will replace the fees for the furnishing of a sample under Rules 11.2 and 11.3 of the said Regulations, as published in the April 1997 issue of Industrial Property and Copyright/La Propriété industrielle et le Droit d'auteur (see Budapest Notification No. 152 of March 24, 1997).
The items with respect to which the assurances by the United States of America have been extended regarding the compliance by the American Type Culture Collection (ATCC) with the Budapest Treaty will be published in the April 1998 issue of Industrial Property and Copyright/La Propriété industrielle et le Droit d'auteur. The extension will take effect as from April 30, 1998, date of the publication (see Article 7(2)(b) of the Budapest Treaty and Rule 3.3 of the Regulations under that Treaty).
April 6, 1998
Text of the Notification of the Government of the United States of America of February 24, 1998, regarding the new schedule of fees of the American Type Culture Collection (ATCC) and the extension of the assurances by the United States of America regarding the compliance by the ATCC with the Budapest Treaty with Respect to Certain Items
NOTIFICATION
We have received a notification from the American Type Culture Collection (ATCC) regarding a new schedule of fees for the furnishing of samples of all cultures deposited with it. In accordance with Rule 12.2(a) of the Regulations under the Budapest Treaty, I am pleased to notify you of the following changes in the fees:
| All ATCC Cultures | Per Item | |
| U.S. Non-Profit Institutions | U.S. $71.00 to $165.00 | |
| Foreign Non-Profit Institutions | U.S. $71.001 to $165.002 | |
| Other U.S. and Foreign Institutions | U.S. $114.00 to $244.00 |
1 Additional handling and processing = U.S. $43.00 per item.
2 Additional handling and processing = U.S. $79.00 per item.
Because of the diversity of ATCC holdings, and the requirements for complicated and varied culture media and growth conditions, the fees for ATCC cultures vary. Therefore, the current fees have been listed as a range representing all currently available ATCC cultures.
Further, in accordance with Rule 3.3 of the Regulations under the Budapest Treaty, we wish to extend the assurances by the United States regarding the compliance by the American Type Culture Collection (ATCC), as required by Article 6(2) of the Budapest Treaty, with respect to the following items:
- Eukaryotic DNA
- Murine Embryos
- Mycoplasma
- Protozoa (pathogenic), and
- RNA