Pages 549-555

INTERNATIONAL TREATIES

Budapest Treaty

International Microorganism Depositary Authorities

I. Belgian Coordinated Collections of Microorganisms (BCCM)

As specified in the notice of the President of the EPO dated 15 July 1992 appearing on page 540 of this issue of the Official Journal, the Belgian Coordinated Collections of Microorganisms (BCCM) have acquired with effect from 1 March 1992 the status of international depositary authority under the Budapest Treaty.

The information relevant to the procedure under the Budapest Treaty contained in the communication by Belgium pursuant to Article 7 of that Treaty1 is set out below.

1. Name and address

BCCM is a consortium of four complementary service collections. The headquarters and the various component collections (in alphabetical order) are as follows:

Headquarters

Belgian Coordinated Collections of Microorganisms

Prime Minister's Services

Science Policy Office

Rue de la Science 8

B-1040 Brussels

Telephone: (+32-2)23 83 411

Fax: (+32-2)23 05 912

Important note: All applications and/or deposits under the Budapest Treaty are to be addressed to the BCCM collection concerned.

Collections

1.1 Institut d'Hygiène et d'Epidémiologie-Mycologie (Collection referred to hereinafter as "IHEM")

Rue J. Wytsman 14

B-1050 Brussels

Telephone: (+32-2)64-25 630

Fax: (+32-2)64 25 519

1.2 Universiteit Gent

Laboratorium voor Moleculaire Biologie-Plasmidencollectie

(Collection referred to hereinafter as "LMBP")

K.L. Ledeganckstraat 35

B-9000 Ghent

Telephone: (+32-91)64 51 45

Fax: (+32-91)64 53 48

1.3 Universiteit Gent

Laboratorium voor Microbiologie-Bacterienverzameling

(Collection referred to hereinafter as "LMG")

K.L. Ledeganckstraat 35

B-9000 Ghent

Telephone (+32-91)64 51 08

Fax: (+32-91)64 53 46

1.4 Mycothèque de l'Université Catholique de Louvain

(Collection referred to hereinafter as "MUCL")

Place Croix du Sud 3

B-1348 Louvain-la-Neuve

Telephone: (+32-10)47 37 42

Fax: (+32-10)45 15 01

2. Kinds of microorganisms accepted

IHEM

filamentous fungi and yeasts, including pathogenic fungi and yeasts that cause mycosis in man and animals, and actinomycetes;

LMBP

plasmids as an isolated DNA preparation or plasmids in an Escherichia coli (host)/plasmid combination;

LMG

all bacterial strains, including actinomycetes, but excepting pathogens belonging to a hazard group higher than Group 2 of the UK Advisory Committee on Dangerous Pathogens;

MUCL

filamentous fungi and yeasts, including phytopathogens, but excepting pathogenic fungi causing mycosis in man and animals belonging to a hazard group higher than Group 2 of the UK Advisory Committee on Dangerous Pathogens.

By priority, depending on the nature of the strains, they will be cryogenically preserved and/or freeze-dried, and the plasmids will be conserved in alcohol at -80° C.

As a general rule, the BCCM collections will accept only strains that can be placed in a culture under conditions technically feasible for the collection concerned and conserved, other than in continuous vegetative activity, without inducing significant changes in their characteristics.

Exceptionally, the various BCCM collections may accept deposits that cannot be conserved other than by active culture, but acceptance of such a deposit will have to be decided, and the relevant fee determined, on a case-by-case basis after prior negotiation with the potential depositor. They may also exceptionally accept, following the same case-by-case negotiation procedure, a deposit of mixtures of microorganisms, whereby non-defined or non-identifiable mixtures will be automatically excluded.

The BCCM collections also reserve their right to refuse a deposit of biological material whose conservation involves hazards deemed to be excessive.

3. Requirements communicated under Rule 6.3 BT

As a general rule, the BCCM collections require in respect of the deposit of a microorganism (whether or not the host for a plasmid which is to be patented) under the Budapest Treaty:

(a) that a written statement by the depositor covering the information required by Rules 6.1 or 6.2 be made on a form established by the relevant BCCM collection;

(b) that the fees laid down for storage be paid (Rule 12.1(a)(i));

(c) that the depositor supply:

3 active or freeze-dried cultures, one of which will be subjected to a viability test and subsequently serve to prepare a minimum stock of 20 samples of cryogenically conserved cells and/or 20ampoules of freeze-dried cells;

or:

23 ampoules of freeze-dried cells of the same preparation, one of which will be subjected to a viability test and subsequently serve for the preparation of a minimum stock of 20 cryogenically conserved samples. (Rule 6.3(a)).

Plasmids in the form of an isolated DNA preparation must be furnished in freeze-dried form or precipitated in alcohol. A minimum of 2 x 20 µg must be furnished with a degree of purity such that ready transformation is ensured (the recommended host must be stated and furnished, without the plasmid concerned).

4. Schedule of fees

These prices do not include the cost of communication.

5. Official language

The official language of BCCM is English. However, communications are also accepted in German, French and Dutch.

II. Colección Espanola de Cultivos Tipo (CECT)

As specified in the notice of the President of the EPO dated 15 July 1992 appearing on page 540 of this issue of the Official Journal, the Colección Espanola de Cultivos Tipo (CECT) has acquired with effect from 31 May 1992 the status of international depositary authority under the Budapest Treaty.

The information relevant to the procedure under the Budapest Treaty contained in the communication by Spain pursuant to Article 7 of that Treaty2 is set out below.

1. Name and address

Colección Espanola de Cultivos Tipo (CECT)

Departamento de Microbiología

Facultad de Ciencias Biológicas

E-46100 Burjasot (Valencia)

Telephone: (34-6)3864612

Fax: (+34-6)3864372

Electronic mail: EARN node EVALUN11

Userid: belloch

Dialcom/Telecom Gold 75: DBI0596

2. Kinds of Microorganisms accepted

2.1 Bacteria, including actinomycetes, which may be preserved, without any significant alteration of their properties, by freezing or freeze-drying, and which belong to a Risk Group lower than 2 according to the definition of the UK Advisory Committee on Dangerous Pathogens (ACDP) 1984, Categorisation of Pathogens according to Hazard and Categories of Containment (HMSO, London ISBN 0-11-883761-3).

2.2 Filamentous fungi, including yeasts, with the exception of strains known to be human, plant and animal pathogens, which may be preserved by freezing or freeze-drying without any significant alteration of their properties.

Notwithstanding the foregoing, the CECT reserves the right to reject or accept for deposit any material which, in the opinion of the Director, represents a risk that is either unacceptable or too difficult to handle.

For the time being, the CECT does not accept the following biological material for deposit: anaerobic microorganisms (except Clostridium); algae and cyanobacteria; plasmids; embryos; protozoa; animal cell lines; plant cell lines; mycoplasm; plant seed; viruses; bacteriophages.

3. Requirements and technical procedures under Rule 6.3 BT

3.1 Form and quantity

Bacteria and fungi (including those containing plasmids) are accepted in freeze-dried form in ampoules or in the form of active cultures in agar solution. The depositor should send the CECT 5 ampoules or agar samples of each strain.

3.2 Time required for viability testing

On average, the time required for testing the viability of bacterial samples is 3 days (or up to 14 days), and for fungus strains 6 days (or up to 30 days). The depositor has to take into account that, in certain cases, viability testing can take a great deal of time, as indicated by the bracketed figures.

3.3 Depositor checks and renewal of stocks

The CECT prepares its frozen or freeze-dried batches by subculturing the materials supplied by the depositor. While the batches are being completed, further batches are prepared on the basis of frozen or freeze-dried samples from the first batch prepared. Whatever the method used for the preparation of batches or samples for distribution, the CECT freeze-dries, freezes and retains a portion of the original material supplied by the depositor. The depositor is requested to prove the authenticity of all the freeze-dried and frozen samples prepared by the CECT.

4. Official language

The official languages of the CECT are Spanish and English.

5. Schedule of fees

III. IMET - Nationale Sammlung von Mikroorganismen

Withdrawal of assurances under Article 8(2) BT

In a communication dated 21 February 19923, the government of Germany informed the Director General of WIPO of the withdrawal by this government, according to Article 8(2) BT of the declaration of assurances made by the government of the former German Democratic Republic under Article 7 BT with respect to IMET - Nationale Sammlung von Mikroorganismen4, an international depositary authority under that Treaty.

Through the unification of Germany, IMET has come under the jurisdiction of the government of the Federal Republic of Germany.

As from 1 January 1992, IMET has been integrated into the DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH, Mascheroder Weg 1B, 3300 Braunschweig, which will continue the operations of the former IMET and maintain all patent deposits made under the Budapest Treaty. These deposits have been transferred to DSM, Braunschweig, which will inform the depositors accordingly.

DSM is an international depositary authority for which the assurances referred to in Article 7(1) BT have been given by the European Patent Organisation. These assurances will extend to all microorganisms deposited with IMET and transferred to DSM. This communication has been co-ordinated with the European Patent Organisation.

The status of IMET terminated on 21 May 1992.