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 October 30, 1998, of a written communication, dated October 26, 1998, from the European Patent Office (EPO), relating to a change in the fees charged by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSMZ), 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 communication is attached.
The fees set forth in the said communication will apply as from the thirtieth day following the date (November 30, 1998) of the publication of the said fees in the November 1998 issue of the WIPO periodical Intellectual Property Laws and Treaties, that is, as from December 30, 1998 (see Rule 12.2(c) of the Regulations under the Budapest Treaty).
November 30, 1998
Text of the Communication of the European Patent Organisation (EPO) dated October 26, 1998, Relating to a Change in the Fees Charged by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSMZ)
[Original: French. English translation provided by the International Bureau of WIPO]
COMMUNICATION
According to Rule 12.2 of the Regulations under the Budapest Treaty, I have the honor to notify you herewith that the amounts of the fees relating to deposits made in relation with patent applications charged by DSMZ have been modified.
In the attached French and English versions of the annex, you will find the recapitulative list of DSMZ's fees. Only some of the listed amounts have been changed. The new amounts which will be applied in future are indicated with an asterisk.
I should be grateful if you would publish this notification in your periodical Industrial Property and Copyright as soon as it will be possible.
ANNEX
[Original: English/French]
Fee Rates
Fees for microorganism deposits under the Budapest Treaty:
| I.1 | DEM | |||
| (a) | Storage under Rule 12.1(a)(i) of the Regulations under the Treaty | |||
| - Bacteria, fungi, plasmids, bacteriophages and plant viruses | 1350* | |||
| - Plant cell cultures | 2500 | |||
| - Human and animal cell cultures and murine embryos | 2400 | |||
| (b) | Conversion of a deposit outside the Treaty to a deposit under the Treaty | |||
| - Bacteria, fungi, plasmids, bacteriophages and plant viruses | 1350* | |||
| - Plant cell cultures | 2500 | |||
| - Human and animal cell cultures and murine embryos | 2400 | |||
| (c) | Extension of storage period beyond that agreed under Rule 9 of the Regulations under the Treaty (per year) | |||
| - Bacteria, fungi, plasmids, bacteriophages and plant viruses | 45* | |||
| - Plant, human and animal cell cultures and murine embryos | 80 | |||
| I.2 | Issue of a viability statement under Rule 12.1(a)(iii) of the Regulations under the Treaty | |||
| (a) | Where a viability test is requested | |||
| - Bacteria, fungi, plasmids, bacteriophages and plant viruses | 180* | |||
| - Plant, human and animal cell cultures and murine embryos | 200 | |||
| (b) | On the basis of the most recent viability test | |||
| - Bacteria, fungi, plasmids, bacteriophages, plant viruses, plant, human and animal cell cultures and murine embryos | 60 | |||
| I.3 | Furnishing of a sample under Rule 12.1(a)(iv) of the Regulations under the Treaty (plus freight costs) | |||
| - Bacteria, fungi, plasmids, bacteriophages and plant viruses | 180* | |||
| - Plant, human and animal cell cultures and murine embryos | 200 | |||
| I.4 | Communication of information under Rule 7.6 of the Regulations under the Treaty | |||
| - Bacteria, fungi, plasmids, bacteriophages, plant viruses, plant, human and animal cell cultures and murine embryos | 60 | |||
| I.5 | Attestation under Rule 8.2 of the Regulations under the Treaty | |||
| - Bacteria, fungi, plasmids, bacteriophages, plant viruses, plant, human and animal cell cultures and murine embryos | 60 | |||
The fees under points 1, 2, 4 and 5 (services provided within the Federal Republic of Germany) are subject to VAT at currently 7%. This is also payable where samples are furnished to requesters in the Federal Republic of Germany.
Turnover tax, also currently 7%, is charged on orders from EU countries other than Germany not quoting a VAT registration number.
A processing fee of DEM 40 to cover bank charges is payable on all invoices sent to clients outside Germany.