Budapest Notification No. 362
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication by the Government of the Portuguese Republic Relating to the Acquisition of the Status of International Depositary Authority by the University of Coimbra Bacteria Culture Collection (UCCCB)

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 the receipt, on February 22, 2024, of a communication from the Government of the Portuguese Republic dated February 22, 2024, relating to the acquisition of the status of International Depositary Authority by the University of Coimbra Bacteria Culture Collection (UCCCB), which states that this Depositary Institution is located on the territory of Portugal and includes a Declaration of Assurances to the effect that the Institution complies and will continue to comply with the requirements concerning the acquisition of the status of International Depositary Authority 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 ("Budapest Treaty").

Pursuant to Article 7(2)(b) of the Budapest Treaty, the UCCCB shall acquire the status of International Depositary Authority under the Budapest Treaty on April 25, 2024, that is, on the date of publication of the communication by the International Bureau.

April 25, 2024

Text of the Communication by the Government of the Portuguese Republic Relating to the Acquisition of the Status of International Depositary Authority by the University of Coimbra Bacteria Culture Collection (UCCCB)

[Original: English]

COMMUNICATION:

The Permanent Mission of Portugal to the United Nations Office and other International Organizations in Geneva presents its compliments to the Secretariat of the World Intellectual Property Organization and has the honour to request the recognition of the University of Coimbra Bacteria Culture Collection as a depository and filing authority of Microorganisms for Patent Procedure Purposes, under the Budapest Treaty, adopted in April 28, 1977, to which Portugal is a Contracting Party, since October 16, 1997.

Portugal is developing an international hub for research and technological development in the biotechnology sector, particularly that operating in the health sciences, which requires an internationally recognized capable structure for the Deposit of Microorganisms for the purposes of Patent Procedure.  The University of Coimbra Bacteria Culture Collection is the first Portuguese Bacterial Culture Collection registered and recognized by the World Federation of Culture Collections as the collection nº 1179.  The Collection complies and will continue to comply with the requirements specified in Article 6(2) of the Budapest Treaty.

Therefore, the Government of Portugal notifies the following name and address of its Competent Authority for the purposes of the aforementioned procedures under the Budapest Treaty:

University of Coimbra Bacteria Culture Collection (UCCCB)
Paço das Escolas
3004-531 Coimbra
Portugal

Tel: +351 239 240 700
Email: ucccb@uc.pt
Website: https://ucccb.uc.pt/

Furthermore, the Government of Portugal submits the following attached documents describing the related capacities of the University of Coimbra Bacteria Culture Collection.

ANNEX I

Characterization of the Bacteria Culture Collection of the University of Coimbra (UCCCB) for the Acquisition of the Status of International Depositary Authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

1. Name and address of the depository institution:

Bacteria Culture Collection of the University of Coimbra (UCCCB)
Specialized microbiology laboratories of the University of Coimbra
Rua da Matemática, nº 49, Prédio do Patronato, 3º Piso,
3000-276 Coimbra- Portugal

2. Legal status:

To consolidate the exploitation of advanced technological resources dedicated to scientific and technological development, the University of Coimbra has a set of Technological Platforms (PTUCs) aimed at achieving the following objectives:

a) Maintaining a competitive position at national and international levels in key sectors for scientific-technological development;
b) Keeping up-to-date with advanced technological resources;
c) Optimizing the management and use of technological resources;
d) Making it easier for the UC scientific community to use the technological resources installed;
e) Encouraging the provision of services and scientific collaboration with other public or private institutions and, in particular, with companies;
f) Encouraging the participation of scientific groups and PTUCs in European networks of excellence.

Regulation no. 418/2016, published in the Diário da República, 2nd series, No. 83, of April 29, 2016, defines the common rules for the organization, operation and use of these PTUCs.  The Bacteria Culture Collection of the University of Coimbra (UCCCB) is a Technology Platform of the University of Coimbra, assuming the legal status of the UC.

The University of Coimbra is a public higher education institution.  The University of Coimbra is a legal person governed by public law, with its headquarters in Coimbra, in the Paço das Escolas.  Its Statutes are published in the Diário da República, 2nd series, No. 55, of March 19, 2019.

3. Scientific level:

a) UCCCB's history:

In just over 100 years, culture collections have established themselves as fundamental infrastructures to support R&D activities in the areas of life sciences and biotechnology.  Their importance in conserving biological diversity and genetic resources of enormous value for scientific and technological development has been recognized by governments and international institutions.

The UCCCB was established as a collection specializing in the preservation of bacteria in 1999.  The UCCCB is a technological platform of the University of Coimbra (PTS UC https://ucccb.uc.pt/) and externally, a research infrastructure of the National Roadmap of Research Infrastructures (RNIE, FCT 2020), namely representing one of the national nodes in the Pt-mBRCN (Portuguese Network for Biological Resources) and in the Microbial Resource Research Infrastructure (MIRRI-ERIC), the latter being part of the European Research Infrastructures Consortium (ERIC).

It is recognized as a culture collection by the World Federation of Culture Collections (WFCC no. 1179), a Multidisciplinary Commission of the International Union of Biological Sciences (IUBS) and a Federation within the International Union of Microbiological Societies (IUMS).

UCCCB carries out peer-to-peer training actions and shares research projects, namely with the structures which like UCCCB belong to the research infrastructures of The European Strategy Forum on Research Infrastructures (ESFRI), in the development of joint research programs on specific topics of common interest and training in microbiology for human resources, European Marine Biological Resource Centre (EMBRC) and The Microbial Resource Research Infrastructure (MIRRI).

The UCCCB coordinates the Lusophone Microbiology Network, which is made up of twelve partners from higher education institutions and companies, specialists in Microbiology, who consider it in their common interest to promote cooperation and collaboration for the development of study in the area of Microbiology and related areas, which are an essential element of societies in an increasingly globalized world.

UCCCB's Platform is implementing a quality management system to obtain NP EN ISO 9001:2015 certification.

b) Mission of the UCCCB:

Its main objective is the characterization and preservation of the biological collections that make it up and, at the same time, the supply of pure cultures and biological materials for various applications, in compliance with current legislation and regulations.

The activities carried out by the UCCCB include:

• Preservation and procurement of biological resources for scientific research and application, industrial, agricultural, environmental, as well as in medical applications for research and development;
• Carrying out research and development based on these biological resources.
• Biodiversity conservation;
• Repository of Biological Reference Material;
• Resource for public information and policy formulation.

c) Services provided:

The services offered by the UCCCB are listed on the website https://ucccb.uc.pt/services/ and can be requested by sending an e-mail to ucccb@uc.pt, indicating the services required and the number of samples.  Contract details are available on the website https://ucccb.uc.pt/contact/).

Two different types of access to UCCCB services are available:

• Paid service based on a standard price list for tasks that are standardized in the collection;
• Scientific collaboration, when a deeper involvement of the collection's researchers in the scientific problem is requested such as the development of non-standard analytical tasks, experimental set-ups, or analyses.  In this case, in addition to paying the expenses listed, it is expected that the terms of the scientific collaboration will be agreed in advance.

d) Staff:

The team is made up of doctorates and masters with scientific and technical competence in the UCCCB's fields of activity.  The team was recruited specifically for its experience in biotechnology and classical and molecular microbiology and includes collaborators with a track record and scientific reputation in research in the areas of microbiology, microbial taxonomy, genetic engineering and biotechnological production.  The team publishes in scientific journals.

4. Facilities and equipment:

• BioNet F0 bioreactor equipped with probes and automatic controllers (2023);
• TECA Infinite M200 Fluorimeter (UV Visible Spectrophotometer, with plate reader) (2018);
• QuantStudioTM 5 Real Time PCR (2023);
• Sorvall LYNX 6000 SuperSpeed Centrifuge (2023);
• Gas Chromatograph, GC model 7890 from Agilent (2019);
• Infrico MedCare ULF50086 blast freezer (2020);
• CryoCell U86-500P deep freezer (2013);
• Vertical laminar flow chamber (2019);
• 11 Incubators and Shakers with refrigeration from different brands (2012-2020);
• Liofilizador CoolVacuum Technologies LyoMicrom (2018);
• 2 autoclaves AJC Uniclave® 88e Unicalve 99® (2014 e 2017);
• Vibra-CellTM VCX 130 sonicator (2019);
• 4 BioRad thermal cyclers;
• 4 Bench-top centrifuges (eppendorf);
• PalmSens EmStat 4S conductivity meter (2021);
• Thermofisher Scientific Evolution 2060 Bio spectrophotometer (2013);
• Espectofotometro VWR P4 UV-visivel spectofotometer (2021);
• 3 thermoblocks.

5. Types of microorganisms accepted for deposit:

Microorganisms from the Bacteria group (bacteria) and unicellular fungi (yeasts).

6. Table of fees:

7. Technical Requirements and Procedures:

Special provisions have been made within the premises of UCCCB to maintain confidentiality and ensure the security of deposited cultures.  Independent, self-sufficient laboratory facilities have been allocated for processing cultures to deposit in safe custody.  The entire UCCCB is under access control.  Separated chambers/cabinet systems have been implemented for the preservation of cultures, to protect cultures from malicious use, and to prevent the escape of cultures to the environment.  From a biosafety angle, all the cultures are handled following good laboratory practices.

Direct submission of contaminated or undefined microorganisms, strains with no scientific description or proposed taxonomic designation, or cultures whose identity cannot be verified will not be accepted into the collection.  All deposits should be able to withstand preservation by either freeze-drying or freezing over liquid nitrogen or by some other method of long-term preservation without any significant change to their properties.

The UCCCB reserves the right to refuse to accept deposit material that is too technically or legally difficult to manage, or which in its view represents an unacceptable hazard, or can’t be processed.

Following Rule 6.3(a) of the Regulations under the Budapest Treaty, UCCCB will accept microorganisms that would meet the following requirements:

The microorganisms must be deposited in active or preserved forms and quantity necessary to fulfil the requirements of the Regulations under the Budapest Treaty.  The deposited cultures should be pure, without any contamination, and deposited as lyophilized vials or active cultures.  The UCCCB will take, in general, six to eight weeks for a viability test depending upon the growth of cultures.

The deposit form used by UCCCB is needed to be completed by the depositor.

The fee must be paid following Rule 12.1(a) of the Regulations under the Budapest Treaty.

The depositor must obtain the necessary permission for transportation and deposit as per applicable law.

The depositor must sign a document pertinent to the "Patent Deposit" contracted with UCCCB defining the liabilities of the parties.

As per the Regulations under the Budapest Treaty, UCCCB is responsible and will perform the following tasks:

• Verify the viability of each deposit and store it safely.
• Issue a receipt, viability statement and other requisite official notice.
• Ensure the confidentiality required by Rule 9.2 of the Regulations under the Budapest Treaty.
• Provide the samples according to the process outlined in Rule 11 of the Budapest Treaty Regulations.

The UCCCB has a policy of providing services to both the academic and civil community through contracts.  The contracts safeguard personal and institutional conflict of interest policies, material transfer agreements, regulatory and legal requirements, and import/export restrictions, if applicable.  All feasibility declarations and other official notifications are also in compliance with the Budapest Treaty Regulations.

The University of Coimbra, through its Technology Transfer Division, provides technical- administrative support to ensure the management of industrial property, the legal protection of inventions through patents and trademarks, among other mechanisms, and contract services.

8. Official Languages

Following Rule 3.1(b)(v) of the Regulations under the Budapest Treaty, the official languages are English and Portuguese.

ANNEX II

Declaration of assurances to the effect that the Institution complies and will continue to comply with the requirements concerning the acquisition of the status of International Depositary Authority specified in Article 6(2) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Coimbra, January 26, 2024

For all due purposes, it is hereby declared that the Technology Platform of the University of Coimbra - The University of Coimbra Bacteria Culture Collection (UCCCB), complies and will continue to comply with the requirements specified in Article 6(2) of the Budapest Treaty. These are:

i. have a continuous existence;
ii. have the necessary staff and facilities to carry out its scientific activities and administrative tasks under this Treaty;
iii. be impartial and objective;
iv. be available for deposit to any depositor under the same conditions;
v. Accept for deposit the types of microorganisms for which it has requested International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, examine their viability and store them;
vi. issue a receipt to the applicant and any required declaration of viability;
vii. comply with the requirement of secrecy concerning deposited microorganisms;
viii. provide samples of any deposited microorganism under the conditions and following the prescribed procedure.