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Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure [1980] WIPOATSer 1

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

TABLE OF CONTENTS1

Introductory Provisions
Article 1: Establishment of a Union
Article 2: Definitions
CHAPTER I: Substantive Provisions
Article 3: Recognition and Effect of the Deposit of Microorganisms
Article 4: New Deposit
Article 5: Export and Import Restrictions
Article 6: Status of International Depositary Authority
Article 7: Acquisition of the Status of International Depositary Authority
Article 8: Termination and Limitation of the Status of International Depositary Authority
Article 9: Intergovernmental Industrial Property Organizations
CHAPTER II: Administrative Provisions
Article 10: Assembly
Article 11: International Bureau
Article 12: Regulations
CHAPTER III: Revision and Amendment
Article 13: Revision of the Treaty
Article 14: Amendment of Certain Provisions of the Treaty
CHAPTER IV: Final Provisions
Article 15: Becoming Party to the Treaty
Article 16: Entry Into Force of the Treaty
Article 17: Denunciation of the Treaty
Article 18: Signature and Languages of the Treaty
Article 19: Deposit of the Treaty; Transmittal of Copies; Registration of the Treaty
Article 20: Notifications

Introductory Provisions

Article 1
Establishment of a Union

The States party to this Treaty (hereinafter called “the Contracting States”) constitute a Union for the international recognition of the deposit of microorganisms for the purposes of patent procedure.

Article 2
Definitions

For the purposes of this Treaty and the Regulations:

CHAPTER I
Substantive Provisions

Article 3
Recognition and Effect of the Deposit of Microorganisms

(1)

(2) As far as matters regulated in this Treaty and the Regulations are concerned, no Contracting State may require compliance with requirements different from or additional to those which are provided in this Treaty and the Regulations.

Article 4
New Deposit

(1)

(2) The right referred to in paragraph (1)(a) shall not exist where the deposited microorganism has been transferred to another international depositary authority as long as that authority is in a position to furnish samples of such microorganism.

Article 5
Export and Import Restrictions

Each Contracting State recognizes that it is highly desirable that, if and to the extent to which the export from or import into its territory of certain kinds of microorganisms is restricted, such restriction should apply to microorganisms deposited; or destined for deposit, under this Treaty only where the restriction is necessary in view of national security or the dangers for health or the environment.

Article 6
Status of International Depositary Authority

(1) In order to qualify for the status of international depositary authority, any depositary institution must be located on the territory of a Contracting State and must benefit from assurances furnished by that State to the effect that the said institution complies and will continue to comply with the requirements specified in paragraph (2). The said assurances may be furnished also by an intergovernmental industrial property organization; in that case, the depositary institution must be located on the territory of a State member of the said organization.

(2) The depositary institution must, in its capacity of international depositary authority:

(3) The Regulations shall provide the measures to be taken:

Article 7
Acquisition of the Status of International Depositary Authority

(1)

(2)

(3) The details of the procedure under paragraphs (1) and (2) are provided in the Regulations.

Article 8
Termination and Limitation of the Status of International Depositary Authority

(1)

(2)

(3) The details of the procedure under paragraphs (1) and (2) are provided in the Regulations.

Article 9
Intergovernmental Industrial Property Organizations

(1)

(2) Where any provision of this Treaty or of the Regulations affecting intergovernmental industrial property organizations is revised or amended, any intergovernmental industrial property organization may withdraw its declaration referred to in paragraph (1) by notification addressed to the Director General. The withdrawal shall take effect:

(3) In addition to the case referred to in paragraph (2), any intergovernmental industrial property organization may withdraw its declaration referred to in paragraph (1)(a) by notification addressed to the Director General. The withdrawal shall take effect two years after the date on which the Director General has received the notification. No notification of withdrawal under this paragraph shall be receivable during a period of five years from the date on which the declaration took effect.

(4) The withdrawal referred to in paragraph (2) or (3) by an intergovernmental industrial property organization whose communication under Article 7(1) has led to the acquisition of the status of international depositary authority by a depositary institution shall entail the termination of such status one year after the date on which the Director General has received the notification of withdrawal.

(5) Any declaration referred to in paragraph (1)(a), notification of withdrawal referred to in paragraph (2) or (3), assurances furnished under Article 6(1), second sentence, and included in a declaration made in accordance with Article 7(1)(a), request made under Article 8(1) and communication of withdrawal referred to in Article 8(2) shall require the express previous approval of the supreme governing organ of the intergovernmental industrial property organization whose members are all the States members of the said organization and in which decisions are made by the official representatives of the governments of such States.

CHAPTER II
Administrative Provisions

Article 10
Assembly

(1)

(2)

(3) A delegate may represent, and vote in the name of, one State only.

(4) Each Contracting State shall have one vote.

(5)

(6)

(7)

(8) The Assembly shall adopt its own rules of procedure.

Article 11
International Bureau

(1) The International Bureau shall:

(2) The Director General shall be the chief executive of the Union and shall represent the Union.

(3) The Director General shall convene all meetings dealing with matters of concern to the Union.

(4)

(5)

Article 12
Regulations

(1) The Regulations provide rules concerning:

(2) The Regulations adopted at the same time as this Treaty are annexed to this Treaty.

(3) The Assembly may amend the Regulations.

(4)

(5) In the case of conflict between the provisions of this Treaty and those of the Regulations, the provisions of this Treaty shall prevail.

CHAPTER III
Revision and Amendment

Article 13
Revision of the Treaty

(1) This Treaty may be revised from time to time by conferences of the Contracting States.

(2) The convocation of any revision conference shall be decided by the Assembly.

(3) Articles 10 and 11 may be amended either by a revision conference or according to Article 14.

Article 14
Amendment of Certain Provisions of the Treaty

(1)

(2)

(3)

CHAPTER IV
Final Provisions

Article 15
Becoming Party to the Treaty

(1) Any State member of the International (Paris) Union for the Protection of Industrial Property may become party to this Treaty by:

(2) Instruments of ratification or accession shall be deposited with the Director General.

Article 16
Entry Into Force of the Treaty

(1) This Treaty shall enter into force, with respect to the first five States which have deposited their instruments of ratification or accession, three months after the date on which the fifth instrument of ratification or accession has been deposited.

(2) This Treaty shall enter into force with respect to any other State three months after the date on which that State has deposited its instrument of ratification or accession unless a later date has been indicated in the instrument of ratification or accession. In the latter case, this Treaty shall enter into force with respect to that State on the date thus indicated.

Article 17
Denunciation of the Treaty

(1) Any Contracting State may denounce this Treaty by notification addressed to the Director General.

(2) Denunciation shall take effect two years after the day on which the Director General has received the notification.

(3) The right of denunciation provided for in paragraph (1) shall not be exercised by any Contracting State before the expiration of five years from the date on which it becomes party to this Treaty.

(4) The denunciation of this Treaty by a Contracting State that has made a declaration referred to in Article 7(1)(a) with respect to a depositary institution which thus acquired the status of international depositary authority shall entail the termination of such status one year after the day on which the Director General received the notification referred to in paragraph (1).

Article 18
Signature and Languages of the Treaty

(1)

(2) This Treaty shall remain open for signature at Budapest until December 31, 1977.

Article 19
Deposit of the Treaty; Transmittal of Copies; Registration of the Treaty

(1) The original of this Treaty, when no longer open for signature, shall be deposited with the Director General.

(2) The Director General shall transmit two copies, certified by him, of this Treaty and the Regulations to the Governments of all the States referred to in Article 15(1), to the intergovernmental organizations that may file a declaration under Article 9(1)(a) and, on request, to the Government of any other State.

(3) The Director General shall register this Treaty with the Secretariat of the United Nations.

(4) The Director General shall transmit two copies, certified by him, of any amendment to this Treaty and to the Regulations to all Contracting States, to all intergovernmental industrial property organizations and, on request, to the Government of any other State and to any other intergovernmental organization that may file a declaration under Article 9(1)(a).

Article 20
Notifications

The Director General shall notify the Contracting States, the intergovernmental industrial property organizations and those States not members of the Union which are members of the International (Paris) Union for the Protection of Industrial Property of:


1 Added by WIPO.


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