Verdrag van Boedapest inzake de internationale erkenning van het depot van micro-organismen ten dienste van de octrooiverlening
PartijenPartijen met een link hebben een voorbehoud.
| Partij | Ondertekening | RatificatieO=Ondertekening zonder voorbehoud of vereiste van ratificatie R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving T=Toetreding VG=Voortgezette gebondenheid NB=Niet bekend | In werking | Opzegging | Buiten werking |
|---|---|---|---|---|---|
| Albanië | 19-06-2003 (T) | 19-09-2003 | |||
| Antigua en Barbuda | 25-03-2019 (T) | 25-06-2019 | |||
| ARIPO (Regionale Industriële Eigendom Organisatie voor Afrika) | 10-08-1998 (R) | 10-11-1998 | |||
| Armenië | 06-12-2004 (T) | 06-03-2005 | |||
| Australië | 07-04-1987 (T) | 07-07-1987 | |||
| Azerbeidzjan | 14-07-2003 (T) | 14-10-2003 | |||
| Bahama's | 03-06-2025 (T) | 03-09-2025 | |||
| Bahrein | 20-08-2012 (T) | 20-11-2012 | |||
| Belarus | 19-07-2001 (T) | 19-10-2001 | |||
| België | 15-09-1983 (T) | 15-12-1983 | |||
| Bosnië en Herzegovina | 27-10-2008 (T) | 27-01-2009 | |||
| Brazilië | 20-10-2025 (T) | 20-01-2026 | |||
| Brunei | 24-04-2012 (T) | 24-07-2012 | |||
| Bulgarije | 28-04-1977 | 19-07-1978 (R) | 19-08-1980 | ||
| Canada | 21-06-1996 (T) | 21-09-1996 | |||
| Chili | 05-05-2011 (T) | 05-08-2011 | |||
| China | 01-04-1995 (T) | 01-07-1995 | |||
| Colombia | 26-04-2016 (T) | 26-07-2016 | |||
| Costa Rica | 30-06-2008 (T) | 30-09-2008 | |||
| Cuba | 19-11-1993 (T) | 19-02-1994 | |||
| Denemarken | 28-04-1977 | 01-04-1985 (R) | 01-07-1985 | ||
| Dominicaanse Republiek | 03-04-2007 (T) | 03-07-2007 | |||
| Duitsland | 28-04-1977 | 20-10-1980 (R) | 20-01-1981 | ||
| EAPO (Euraziatisch Octrooibureau) | 05-01-2000 (R) | 05-04-2000 | |||
| El Salvador | 17-05-2006 (T) | 17-08-2006 | |||
| EOB (Europees Octrooibureau) | 26-08-1980 (R) | 26-11-1980 | |||
| Estland | 14-06-1996 (T) | 14-09-1996 | |||
| Filipijnen | 21-07-1981 (T) | 21-10-1981 | |||
| Finland | 28-04-1977 | 01-06-1985 (R) | 01-09-1985 | ||
| Frankrijk | 28-04-1977 | 21-02-1980 (R) | 19-08-1980 | ||
| Georgië | 30-06-2005 (R) | 30-09-2005 | |||
| Griekenland | 30-07-1993 (T) | 30-10-1993 | |||
| Guatemala | 14-07-2006 (T) | 14-10-2006 | |||
| Honduras | 20-03-2006 (T) | 20-06-2006 | |||
| Hongarije | 28-04-1977 | 11-07-1978 (R) | 19-08-1980 | ||
| Ierland | 15-09-1999 (T) | 15-12-1999 | |||
| IJsland | 23-12-1994 (T) | 23-03-1995 | |||
| India | 17-09-2001 (T) | 17-12-2001 | |||
| Indonesië | 13-07-2022 (T) | 13-10-2022 | |||
| Israël | 26-01-1996 (T) | 26-04-1996 | |||
| Italië | 28-04-1977 | 23-12-1985 (R) | 23-03-1986 | ||
| Japan | 19-05-1980 (T) | 19-08-1980 | |||
| Jordanië | 14-08-2008 (T) | 14-11-2008 | |||
| Kazachstan | 24-01-2002 (T) | 24-04-2002 | |||
| Kirgizië | 17-02-2003 (T) | 17-05-2003 | |||
| Kroatië | 25-11-1999 (T) | 25-02-2000 | |||
| Letland | 29-09-1994 (T) | 29-12-1994 | |||
| Liechtenstein | 19-05-1981 (T) | 19-08-1981 | |||
| Litouwen | 09-02-1998 (T) | 09-05-1998 | |||
| Luxemburg | 08-12-1977 | 29-04-2010 (R) | 29-07-2010 | ||
| Maleisië | 31-03-2022 (T) | 30-06-2022 | |||
| Marokko | 20-04-2011 (T) | 20-07-2011 | |||
| Mexico | 21-12-2000 (T) | 21-03-2001 | |||
| Moldavië | 14-02-1994 (VG) | 25-12-1991 | |||
| Monaco | 23-10-1998 (T) | 23-01-1999 | |||
| Montenegro | 04-12-2006 (VG) | 03-06-2006 | |||
| Nederlanden, het Koninkrijk der | 28-04-1977 | 02-04-1987 (R) | 02-07-1987 | ||
| Nicaragua | 10-05-2006 (T) | 10-08-2006 | |||
| Nieuw-Zeeland | 17-12-2018 (T) | 17-03-2019 | |||
| Noord-Korea | 21-11-2001 (T) | 21-02-2002 | |||
| Noord-Macedonië | 30-05-2002 (T) | 30-08-2002 | |||
| Noorwegen | 28-04-1977 | 01-10-1985 (R) | 01-01-1986 | ||
| OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom) | 15-12-2022 (R) | 15-03-2023 | |||
| Oekraïne | 02-04-1997 (T) | 02-07-1997 | |||
| Oezbekistan | 12-10-2001 (T) | 12-01-2002 | |||
| Oman | 16-07-2007 (T) | 16-10-2007 | |||
| Oostenrijk | 22-12-1977 | 26-01-1984 (R) | 26-04-1984 | ||
| Panama | 07-06-2012 (T) | 07-09-2012 | |||
| Paraguay | 05-05-2023 (T) | 05-08-2023 | |||
| Peru | 20-10-2008 (T) | 20-01-2009 | |||
| Polen | 22-06-1993 (T) | 22-09-1993 | |||
| Portugal | 16-07-1997 (T) | 16-10-1997 | |||
| Qatar | 06-12-2013 (T) | 06-03-2014 | |||
| Roemenië | 25-06-1999 (T) | 25-09-1999 | |||
| Russische Federatie | 30-12-1977 | 22-01-1981 (R) | 22-04-1981 | ||
| Rwanda | 04-09-2023 (T) | 04-12-2023 | |||
| Saudi-Arabië | 16-10-2020 (T) | 16-01-2021 | |||
| Senegal | 17-12-1977 | ||||
| Servië | 25-11-1993 (T) | 25-02-1994 | |||
| Singapore | 23-11-1994 (T) | 23-02-1995 | |||
| Slovenië | 12-12-1997 (T) | 12-03-1998 | |||
| Slowakije | 30-12-1992 (VG) | 01-01-1993 | |||
| Spanje | 28-04-1977 | 19-12-1980 (R) | 19-03-1981 | ||
| Tadzjikistan | 14-02-1994 (VG) | 25-12-1991 | |||
| Trinidad en Tobago | 10-12-1993 (T) | 10-03-1994 | |||
| Tsjechië | 18-12-1992 (VG) | 01-01-1993 | |||
| Tsjechoslowakije (<01-01-1993) | 05-05-1989 (R) | 05-08-1989 | |||
| Tunesië | 23-02-2004 (T) | 23-05-2004 | |||
| Turkije | 31-08-1998 (T) | 30-11-1998 | |||
| Uruguay | 07-10-2024 (T) | 07-01-2025 | |||
| Verenigd Koninkrijk | 28-04-1977 | 29-09-1980 (R) | 29-12-1980 | ||
| Verenigde Arabische Emiraten | 17-02-2021 (T) | 17-05-2021 | |||
| Verenigde Staten van Amerika | 28-04-1977 | 24-09-1979 (R) | 19-08-1980 | ||
| Vietnam | 01-03-2021 (T) | 01-06-2021 | |||
| Zuid-Afrika | 14-04-1997 (T) | 14-07-1997 | |||
| Zuid-Korea | 28-12-1987 (T) | 28-03-1988 | |||
| Zweden | 14-11-1977 | 23-06-1983 (R) | 01-10-1983 | ||
| Zwitserland | 28-04-1977 | 19-05-1981 (R) | 19-08-1981 |
Uitbreiding
Verenigd Koninkrijk
| Uitgebreid tot | In werking | Buiten werking |
|---|---|---|
| Gibraltar | 01-01-2021 | |
| Guernsey | 01-01-2021 | |
| Man | 01-01-2021 |
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Colombia | Ja | Nee |
| EOB (Europees Octrooibureau) | Ja | Nee |
| Indonesië | Ja | Nee |
| Nieuw-Zeeland | Ja | Nee |
| OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom) | Ja | Nee |
| Verenigd Koninkrijk | Ja | Nee |
Colombia
26-04-2016
The Republic of Colombia declares, having regard to Article 3(1)(a) and Article 5
of the Budapest Treaty, that access to biological material whose deposit is regulated
by this Treaty, that the removal of such material from the national territory, and
that recognition of the respective patent shall be in accordance with the protection
provided for by the Colombian Constitution, in particular at Articles 8, 58(2) and
330 thereof.
NOTING that the articles referred to in the above declaration: enshrine the duty of
the Colombian State and of individuals to protect the cultural and natural heritage
of the State (Art.8); establish property as a social utility and the ecological function
inherent therein (Art.58); stipulate that the State is duty-bound to regulate the
entry and exit of genetic resources and their use (Art.81); and enshrine the protection
and regulation of indigenous territories, stipulating that the exploitation of natural
resources in these territories shall not impair the cultural, social and economic
integrity of indigenous communities (Art. 330);
NOTING that the above declaration does not affect the obligations and requirements
of the instrument as regards the recognition and effects of the deposit of microorganisms
with an international authority, and that the constitutional provisions to which the
statement refers constitute duties of the Colombian State as sovereign and as protector
of national heritage, which are not incompatible with the provisions of the Budapest
Treaty;
CONSIDERING that Colombia already recognizes the deposit of a microorganism with an
international depositary authority, in accordance with Decision No.486 of the Commission
of the Andean Community, and with Resolution No.856 issued in 2014 by the Superintendency
of Industry and Commerce of Colombia (Superintendencia de Industria y Comercio de
Colombia);
DECLARES that the aforementioned interpretative declaration does not entail obligations,
limitations or additional requirements that may affect matters covered in the Budapest
Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes
of Patent Procedure and its Regulations.
EOB (Europees Octrooibureau)
16-01-2026
The Director General of the World Intellectual Property Organization (WIPO) [...]
has the honor to notify the receipt, on January 16, 2026, of a communication dated
January 13, 2026, from the European patent office regarding changes in the contact
details, the requirements of and the schedule of fees charged by the Leibniz-Institut
DSMZ - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSMZ), an international
depositary authority (IDA) under the Budapest Treaty on the International Recognition
of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty),
done at Budapest on April 28, 1977, and amended on September 26, 1980 (see Budapest
Notification No. 22 of August 27, 1981).
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the
new fees set forth in the communication shall take effect on March 4, 2026, that is,
on the thirtieth day following the publication of the changes by the International
Bureau of WIPO.
The new contact details and requirements regarding the form and quantity for deposit
and the new schedule of fees are as follows:
Contact details:
LEIBNIZ-INSTITUT DSMZ-DEUTSCHE SAMMLUNG VON MIKROORGANISMEN UND ZELLKULTUREN GmbH
(DSMZ)
[...]
Internet: http://www.dsmz.de
Requirements for Deposit:
a. Kinds of Microorganisms that May Be Deposited
b. Technical Requirements and Procedures
i. Form and Quantity
- Plant material can be deposited in the form of undifferentiated plant cell cultures,
embryogenic plant cell cultures and tissues. For deposit 25 frozen ampoules are required.
In the case of cryopreserved shoot tips or meristems these ampoules should contain
a total of at least 100 surviving apices resp. meristems.
Schedule of Fees:
I.1 EUR
(a) Storage according to Rule 12.1(a)(i) of the Regulations under the Budapest Treaty
(comprising the initial viability check, the preservation and the storage of the biological
material)
- archaea, bacteria, fungi, plasmids, bacteriophages and plant viruses 1.050
- plant cell cultures, human and animal cell cultures 2.000
(b) Conversion of a deposit made outside the Budapest Treaty into a deposit according
to the Budapest Treaty
- archaea, bacteria, fungi, plasmids, bacteriophages and plant viruses 1.050
- plant cell cultures, human and animal cell cultures 2.000
(c) Prolongation of the duration of the storage over the one provided by Rule 9
of the Regulations under the Budapest Treaty, per year 70
I.2 Issuance of a viability statement according to Rule 12.1(a)(iii) of the Regulations
under the Budapest Treaty
(a) where a viability test is requested 160
(b) on the basis of the most recent viability test 80
I.3 Furnishing of a sample according to Rule 12.1(a)(iv) of the Regulations under
the Budapest Treaty (plus current freight costs) 160
I.4 Communication of information under Rule 7.6 of the Regulations under the Budapest
Treaty 60
I.5 Attestation referred to in Rule 8.2 of the Regulations under the Budapest Treaty 60
For the customers within Germany the fees are subject to VAT, currently at the rate
of 7%. Turnover tax, again currently at the rate of 7%, must be charged on EU orders
not quoting a VAT registration number.
A processing fee of 5-30 Euros to cover handling and bank charges is payable on all
invoices.
Indonesië
27-01-2026
The Permanent Mission of the Republic of Indonesia to the United Nations, World Trade
Organization, and other International Organizations in Geneva [...] has the honour
to request the recognition of the Indonesian Culture Collection (InaCC) under the
auspices of the Indonesian National Research and Innovation Agency (BRIN) as a depository
and filing authority of Microorganisms for Patent Procedure Purposes, under the Budapest
Treaty, adopted in April 28, 1977, to which Indonesia is a Contracting Party, since
October 13, 2022.
The Indonesian Culture Collection (InaCC) was founded in 2014 and serves as a microbial
resource center and reference in the management of national bioresources, specifically
microbes. InaCC complies with the implementation of ex situ conservation activities
as it was written in the Convention on Biological Diversity (CBD) article 9. The role
of InaCC was further strengthened by the issuance of the Indonesian Presidential Decree
number 1 year 2021 on the management and utilization of microbes, which specified
the role of microbial resource depositaries in detail.
The InaCC complies and will continue to comply with the requirements specified in
Article 6(2) of the Budapest Treaty. Therefore, the Government of the Republic of
Indonesia notifies the following name and address of its Competent Authority for the
purposes of the aforementioned procedures under the Budapest Treaty.
Furthermore, the Government of the Republic of Indonesia submits the following attached
documents describing the related capacities of the Indonesian Culture Collection.
ANNEX
1. Name and address
INDONESIAN CULTURE COLLECTION (InaCC)
Directorate of Scientific Collection Management
National Research and Innovation Agency (Badan Riset dan Inovasi Nasional, BRIN)
[...]
2. Legal status
The Indonesian Culture Collection (InaCC) was founded in 2014 and is located in Cibinong,
West Java, Indonesia. It is a microbial resource center originally affiliated with
the Indonesian Institute of Sciences (LIPI), which has now been merged into the Indonesian
National Research and Innovation Agency (BRIN), Indonesia's centralized institution
for research and innovation. BRIN was formed based on the Presidential Decree number
No. 78 Year 2021.
InaCC is the center of Indonesian microbial collection depositary which serves as
a center of reference in the management of national bio-resources, specifically microbes.
InaCC is also in accordance with the implementation of ex situ conservation activities
as it was written in the Convention on Biological Diversity (CBD) Article 9.
Since its establishment, InaCC has grown rapidly due to the collaboration between
Indonesian and Japanese government under the umbrella of Science and Technology Research
Partnership for Sustainable Development Program (SATREPS) project supported by Japan
Science and Technology Agency (JST) and Japan International Cooperation Agency (JICA).
The project combined exploration activities and taxonomy studies of Indonesian indigenous
microorganisms as the cornerstone of microbial collection which is managed according
to the guidelines of World Federation of Culture Collection (WFCC).
The role of InaCC was further strengthened by the issuance of the Indonesian Presidential
Decree number 1- year 2021 on the Management and Utilization of Microbes, which specified
the role of microbial resource depositaries in detail.
3. Facilities and equipment
In accordance with Article 6(2)(ii) of the Treaty, InaCC has the facilities necessary
to perform its scientific and administrative tasks under the Treaty.
InaCC is located at KST Soekarno with a total area of circa 2800 square meters, including
a laboratory for microbial identification, sample repository, lyophilization room,
room for liquid nitrogen storage, and office space dedicated to the storage of data,
barcoding system storage, and documentation pertaining to the culture collection.
It has a media-preparation room, glassware washing room, sterilization room with several
autoclaves, cold storage rooms, incubation rooms, dark room and stockroom for safe
chemical storage, and individual taxon-based laboratories. InaCC is fully equipped
with BSL-2, BSL-3 laboratories. Consistent with Rule 2.2 of the Regulations, InaCC's
advanced research infrastructure enables the long-term preservation of deposited microorganisms,
maintaining their physical, genetic, and functional stability.
InaCC is also equipped with three rooms:
• Preparation and Sterilization Room containing equipment that is used to prepare
culture media (scales, agitator, heating plate), autoclaves in order to sterilize
culture media, and a wet bench, and supplies such as glass labware;
• Preservation Stock Preparation and Microorganism Preservation Room, equipped with
lyophilisation tools, +4°C refrigerator for storage of freeze-dried strains and seven
-80°C ultra-refrigerators for storage of cryopreserved strains in glycerol, and two
60 L liquid Nitrogen tanks. Each ultra-refrigerator is connected with an alarm system
and is continuously monitored for temperature and with electricity back up. The room
is also equipped with air conditioners in order to maintain room temperature at +20°C.
• Identification Room, PCR-thermal cycler, real-time PCR and transmission electron
microscope.
Access to all laboratories is under electronic surveillance with CCTV cameras and
restricted to the staff with digitally programmed key cards preventing unauthorized
access to the facilities and ensuring that only the qualified personnel within the
facilities can access the stored biological material.
4. Scientific level
BRIN has established research agreements with several countries such as Japan, United
States of America, and Australia for exploring microbial resources. These agreements
have resulted in many potential microbial species which can be developed further.
In order to sustain and preserve Indonesian microbial resources, an internationally
standardized documentation system, preservation, maintenance and examination are particularly
necessary. Indonesian microbial resources which are preserved in an internationally
standardized preservation system will grow as exploration will also continue to be
conducted. Indonesian Culture Collection (InaCC) was established to preserve the country's
priceless assets. InaCC is projected to be equal to those depository centers in developed
countries so that Indonesia can play important roles in global scientific society
and green economy development.
InaCC is equipped with various modern facilities which are crucial to support research
and depository activities. InaCC has been serving as a national depository. InaCC
has been trying to become a Competent National Authority (CNA) which is essential
for Indonesia as a country who has ratified Nagoya Protocol in October 2013 (UU No.
11 -Year 2013). Currently, microbial collections deposited in InaCC have reached 5,569
collections ranging from filamentous fungi, yeast, actinomycetes, bacteria, archaea,
microalgae, and virus/bacteriophage. InaCC is expanding the number and types of collection,
including parasitic microbes.
Nationally, InaCC was designated by the Indonesian government as a center for patented
microbial preservation, center for microbial preservation, center for microbial access,
center for research on microbial exploration, center for training on microorganisms
handling, and center for public awareness on microbial roles and bio prospects.
InaCC also contributes toward scientific excellence in Indonesia. For example, InaCC's
collection has been utilized for cutting edge scientific research for the elucidation
of novel drugs for tuberculosis. The project is supported by both Indonesian and Japanese
Governments and has resulted in more than 30 publications in scientific journals with
global reputation. Other similar projects involving InaCC's collection have also been
conducted with similar output.
5. Staff
In accordance with Article 6(2)(ii) of the Budapest Treaty, InaCC has competent staff
to perform its scientific and administrative tasks under the Treaty. InaCC is under
the Directorate of Scientific Management Collections, Deputy of Research and Innovation
Infrastructure, BRIN. The supplied biological material for patent purposes and administrative
work related to deposits will be handled by a dedicated, permanent staff employed
at InaCC, which will act as an ad hoc committee, consisting of:
• an IDA office manager,
• a coordinator of administration,
• a coordinator of quality control,
• curators,
• technicians, and
• a team of experts consisting of taxonomists.
InaCC staff have familiarized themselves with the Code of Practice for Institutions
that are International Depositary Authorities (IDAs), and are committed to providing
quality service to future depositors. InaCC IDA office is handled by the scientists
with extensive professional experience in scientific collection management, molecular
biology and microbiology, and international collaboration. The curator acquired knowledge
and practical skills in the methodology and principles of preservation of biological
material and management of biological resource centers and core facilities through
training. All administrative tasks pertaining to the InaCC are performed by an administration
specialist working in the collection. The technical staff responsible for basic media
preparation, autoclaving, maintenance of essential microbiological equipment in operating
conditions, cleaning glassware, decontamination, and utilization of cultured materials.
InaCC also has sustainable support from the Research Organization for Life Sciences
and Environment, and Research Organization for Health of BRIN.
6. Types of materials accepted for deposit
InaCC accepts pathogenic and non-pathogenic bacteria, viruses, parasitic microorganisms,
non-pathogenic and pathogenic fungi and yeast, and plasmids. In general, InaCC accepts
only strains that may be cultivated and preserved under technically feasible conditions.
The deposited cultures should be pure without any contamination and deposited as lyophilized
vial.
In the case of microbial consortia or mixtures of microorganisms, InaCC recommends
that the Depositor separates the different components and deposits them individually.
InaCC is not responsible for changes in the characteristics of the properties of the
consortium once it has been deposited. The acceptance of mixtures of microorganisms
is subject to the InaCC curator's decision, and the fees related thereto must be fixed
on an individual basis by prior negotiation with the prospective Depositor.
Plasmids can be sent in freeze-dried hosts, as isolated DNA preparations, or other
feasible methods. The minimum amount of isolated DNA that must be supplied by the
depositor when making their deposit is 5 microtubes of 20 micrograms of ethanol-precipitated
DNA.
The plasmid DNA must have a sufficient degree of purity and integrity to ensure a
successful transformation.
7. Official languages
The official language of InaCC is English. Communication in Indonesian is also accepted.
8. Technical requirements and procedures
In accordance with Rule 6.3(a) of the Regulations, InaCC requires that:
• the microorganism be deposited in the form and quantity necessary for the purposes
of the Treaty and the Regulations;
• the application and accession form used by the InaCC for deposits under the Budapest
Treaty, equivalent to model BP/1, is duly completed by the depositor;
• the written statement referred to in Rule 6.1(a) or 6.2(a) be drafted correctly
in English;
• the fee for storage referred to in Rule 12.1(a)(i) be paid;
• necessary permission for transportation and deposit be obtained by the depositor,
and
• to the extent permitted by the applicable law, the depositor signs the "Patent Deposit"
contract with InaCC defining the respective liabilities of the parties.
In accordance with the Regulations, InaCC will:
• verify the viability of each deposit and will store it;
• issue receipts and viability statements, and certificate of deposit,
• conform to the secrecy required by Rule 9.2; and
• furnish the samples under the conditions and according to the procedures envisaged
in Rule 11.
The InaCC will test viability as quickly as possible. Since growth rate of microorganisms
vary, the time required for viability testing for different microorganisms may accordingly
vary. The average time that will be required for viability testing is indicated below:
• Bacteria, yeast and plasmids 4 days to 3 weeks
• Actinomycetes, fungi 7 days to 4 weeks
9. Schedule of Fees
All fees are in Indonesian rupiah (IDR)
BSL 1-2 BSL 3
(a) Storage under rule 12.1 (a)(i) (30 years deposit) 7,500,000 10,000,000
(b) Conversion of deposit 2,000,000 7,500,000
(c) Extension of duration storage beyond that provided by Rule 9 (per year) 2,000,000
7,500,000
(d) Issue of viability and identification statement on the basis of test 2,000,000
2,000,000
(e) Issue of viability statement on the basis of last viability test 250,000 250,000
(f) Furnishing of samples (excluding shipping cost) 750,000 1,500,000
(g) Communication of information under Rule 7.6 200,000 200,000
(h) Attestation referred to in Rule 8.2 (from patent office) 100,000 100,000
Nieuw-Zeeland
17-12-2018
Consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.
OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom)
15-12-2022
OAPI declares that pursuant to Article 9(1)(a) 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), it accepts the obligation of recognition provided for in Article 3(1)(a) of the Budapest Treaty, the obligation concerning the requirements referred to in Article 3(2) of the said Treaty and all the effects of the provisions of the said Treaty and its Regulations applicable to intergovernmental industrial property organizations.
Verenigd Koninkrijk
28-07-2025
The Director General of the World Intellectual Property Organization (WIPO) [...]
has the honor to notify the receipt, on July 28, 2025, of a communication dated July
28, 2025, from the Government of the United Kingdom of Great Britain and Northern
Ireland regarding changes in the schedule of fees charged by the National Collections
of Industrial, Food and Marine Bacteria (NCIMB), an international depositary authority
(IDA) under the Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure (Budapest Treaty) [...].
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the
new fees set forth in the communication shall take effect on September 1, 2025.
The new schedule of fees is as follows:
Schedule of Fees GBP
1. Storage
1.1. Storage according to the Budapest Treaty (comprising of the initial viability
check, the preservation and storage of biological material):
- Orthodox seeds, bacteria, fungi, plasmids, bacteriophages (plus the host as a
separate deposit) 1’164
- Plant cell cultures 1’835
1.2. Storage according to the Budapest Treaty (comprising of the initial viability
check of biological material preserved by the depositor and the storage of biological
material) or conversion of a deposit made outside of the Budapest Treaty into a deposit
according to the Budapest Treaty:
- Bacteria, fungi, plasmids, bacteriophages (plus the host as a separate deposit) 907
- Plant cell cultures 1’227
2. Viability
Issuance of a viability statement according to Rule 10.2 of the Budapest Treaty:
2.1. Where viability test is requested 1560
2.2. On the basis of most recent viability test 62
3. Furnishing of a sample
3.1. To the depositor according to Rule 11.2 (i) of the Regulations under the Budapest
Treaty 121
3.2. To a third party according to Rule 11.2 (ii) and 11.3 of the Regulations under
the Budapest Treaty 187
4. Communication of information under Rule 7.6 of the Regulations under the Budapest
Treaty 183
5. Attestation referred to in Rule 8.2 of the Regulations under the Budapest Treaty 183
6. Additional Charges
6.1 Custom inspection fees at current rate
6.2 Additional or replacement BP/4 or BP/9 156
6.3 Phytosanitary certificates (for furnishing of seeds) 135
6.4 Extending the duration of storage over the one provided by Rule 9 of the Budapest
Treaty 52 per year
Fees are payable to NCIMB Ltd. and do not include, where applicable, VAT, handling
charges, customs inspection fees (if applicable) or postage and packing.
[...]
30-10-2025
[...]
Communication by the Government of the United Kingdom of Great Britain and Northern
Ireland Regarding Changes in the Requirements of and in the Schedule of Fees Charged
by the CABI Bioscience, UK Centre (IMI)
The Director General of the World Intellectual Property Organization (WIPO) [...]
has the honor to notify the receipt, on October 30, 2025, of a communication dated
October 29, 2025, from the Government of the United Kingdom of Great Britain and Northern
Ireland regarding changes in the requirements of and in the schedule of fees charged
by the CABI Bioscience, UK Centre (IMI), an international depositary authority (IDA)
under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms
for the Purposes of Patent Procedure (Budapest Treaty), done at Budapest on April
28, 1977, and amended on September 26, 1980 (see Budapest Notification No. 30 of February
16, 1983).
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the
new fees set forth in the communication except the fee regarding the issuance of a
viability statement on the basis of the most recent viability test shall take effect
on December 18, 2025, that is, on the thirtieth day following the publication of the
changes by the International Bureau of WIPO.
The changes in the requirements highlighted in bold and the new schedule of fees are
as follows:
1. Requirements for Deposit
a) Kinds of Microorganisms that May Be Deposited
Nematodes, fungal isolates (including yeasts) and bacteria (including actinomycetes),
other than known human and animal pathogens that can be preserved without significant
change to their properties by methods of preservation in use.
Organisms up to and including ACDP Category 2 deposits are accepted by the Collection.
Genetically modified microorganisms are accepted on a case-by-case basis only.
Notwithstanding the foregoing, IMI reserves the right to refuse to accept any material
for deposit which in the opinion of the Curator presents an unacceptable risk or is
technically unsuitable to handle. IMI will accept organisms which do not significantly
change after long-term nitrogen freezing or freeze-drying. A statement regarding potential
pathogenicity and storage conditions is required when a deposit is made.
b) Technical Requirements and Procedures
i) Form and Quantity
The IMI prefers fungi, yeast and bacteria to be submitted as healthy, clean, sporing
(in the case of fungi) cultures on agar slants suitable for preparing suspensions
for freeze-drying and liquid nitrogen storage. The minimum number of replicates to
be supplied by the depositor when making their deposit should be six. Lyophilized
or cryopreserved stocks are also accepted, in such cases only two vials are required.
ii) Time Required for Viability Testing
The average length of time required for testing the viability of strains accepted
by the IMI of yeast and bacteria is 4 days, filamentous fungi 14 days, but depositors
should be aware that in some cases viability testing may take longer.
iii) Depositor Checks and Renewal of Stocks
Depending on the number and conditions of the cultures sent for deposit, the IMI either
prepares frozen and lyophilized batches direct from the depositor's material or from
subcultures derived from it. New batches are prepared as necessary for the renewal
of diminishing stocks. The depositor is required to test for authenticity of samples
from all batches of their microorganism prepared by the IMI.
c) Administrative Requirements and Procedure
i) General
Language. The official language of the IMI is English. Communications in any other
language are not accepted.
Contract. The IMI Patent application form which the depositor is required to complete,
constitutes a contract by which they are bound:
- to provide all necessary information requested by the IMI;
- to replace the microorganism at their expense if the IMI is no longer able to furnish
samples of it;
- to pay all necessary fees;
- to indemnify the IMI against any claims which may be brought against it as a consequence
of the release of samples, unless such claims result from negligence on the part of
the IMI;
- not to withdraw their deposit during the required storage period;
- to authorize the IMI to furnish samples according to the appropriate patent requirements.
Import and/or Quarantine Regulations. Plant pathogenic fungi not indigenous to the
United Kingdom are subject to import regulations. The IMI holds a permit for the import
of such organisms and will advise the depositor of any necessary procedures.
ii) Making the Original Deposit
Requirements to Be Met by the Depositor. As well as the IMI Patent application form
referred to in (i), above, depositors are required to complete BP/1 which is the deposition
from used for making the Original deposit under the regulations of the Budapest Treaty
deposits. In the event of a later indication or amendment of the scientific description
and/or proposed taxonomic designation the depositor must complete BP/7, in such cases
the depositor is sent BP/8.
Official Notifications to the Depositor. The receipt is issued on the mandatory "international
form" BP/4. The viability statement is issued on the mandatory "international form"
BP/9. A standard IMI form is used for notifying the depositor of refusal to accept
a microorganism for deposit.
Unofficial Notifications to the Depositor. The IMI acknowledges delivery of cultures,
but this does not constitute acceptance. The IMI does not communicate accession numbers
to the microorganism until it has been shown to be viable and accepted. After a positive
result of the viability test has been obtained, the IMI will, if requested, email
this information along with the accession number before the issue of the official
documentation.
Supply of Information to a Patent Agent. The IMI does not routinely ask the depositor
for the name and address of their patent agent. However, if requested, the IMI will
supply copies of the receipt and viability statement to both the depositor and their
patent agent.
iii) Converting a Previous Deposit
The IMI permits the conversion of deposits not originally made for patent purposes
to Budapest Treaty deposits. Deposits previously made for patent purposes outside
the provisions of the Treaty may be converted provided that the depositor supplies
the IMI with a new sample of the deposited microorganism or authorizes existing stocks
to be used for the generation of new batches and checks the authenticity of all batches
prepared from it. The administrative requirements for conversion are similar to those
to be met in respect of an original deposit made under the Treaty. All conversions
are subject to the storage fee normally levied for Budapest Treaty deposits, regardless
of whether any fees had been paid previously in respect of those deposits.
iv) Making a New Deposit
The depositor is required to complete BP/2 for patents already held by IMI and to
send with it copies of the relevant documents required by Rule 6.2. The receipt and
viability statement for a new deposit are issued on mandatory "international forms"
BP/5 and BP/9, respectively.
2. Furnishing of Samples
a) Requests for Samples
The IMI advises third parties to submit BP/12 to a competent intellectual property
office. However, in the case of requests requiring proof of entitlement, the IMI does
not supply copies of request forms; these must be obtained from the relevant industrial
property office.
Notwithstanding any entitlement to receive samples under patent regulations, the IMI
will furnish samples of plant pathogens that require a permit to be worked with in
the United Kingdom only to third parties in the United Kingdom who have such a permit.
The IMI will furnish samples when the requesting party confirms that they have obtained
a permit and supplies the IMI with a copy of the permit or confirmation that no permit
is required. For requestors within certain jurisdictions, formal confirmation of no
permit may be required from the NPPO. For requests to the United States of America,
samples of plant pathogens are sent via the United States Department of Agriculture
quarantine authority.
All samples furnished by the IMI are from batches of its own preparations which, whenever
possible, have been made direct (i.e., without subculture) from material supplied
by the depositor.
b) Notification of the Depositor
Depositors are notified using BP/14, sent via e-mail when samples of their microorganism
have been furnished to third parties, if IMI is not confident that they were fully
aware of the request.
c) Cataloguing of Budapest Treaty Deposits
The IMI does not list Budapest Treaty deposits in its published catalog.
3. Schedule of Fees
1. Storage GBP
1.1 Storage of each strain, including the initial viability check, preservation
and 30+5 years of storage 1,000
1.2 Prolongation of the duration of the storage to an additional 5 years over
the one provided by Rule 9 of the Regulations under the Budapest Treaty. 200
2. Viability
2.1 Issuance of a viability statement on the basis of the most recent viability
test 80
2.2 Issuance of a viability statement based on a new viability test 150
3 Furnishing of a sample
3.1 Furnishing of a freeze dried sample 230
3.2 Furnishing of a sample, active on agar 360
4. Communication of information regarding the strain 80
5. Issuance of an Attestation 80
6. Other charges
6.1 Administration of import and export permits 200
6.2 Assessment of acceptance of genetically modified organisms 300
The fees paid in the United Kingdom are subject to Value Added Tax at the current
rate and other charges such as postage and packing and customs fees.
4. Guidance for Depositors
The IMI makes available detailed notes for the guidance of depositors.
[...]