On accession of the Republic of Kazakhstan to the Budapest Treaty on international recognition of the deposit of microorganisms for patent procedure purposes

Home / RLA / On accession of the Republic of Kazakhstan to the Budapest Treaty on international recognition of the deposit of microorganisms for patent procedure purposes

Law of the Republic of Kazakhstan dated November 16, 2001 No. 259-II.

To include the Republic of Kazakhstan in the Budapest Treaty on the international recognition of the deposit of microorganisms for the purposes of the patent procedure, concluded in Budapest on April 28, 1977.

President Of The Republic Of Kazakhstan

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure Introductory Provisions signed in Budapest on April 28, 1977

(Entered into force on April 24, 2002-the official website of the Ministry of Foreign Affairs of the Republic of Kazakhstan)

Article 1 formation of the Union

The States Parties to this Treaty (hereinafter referred to as the "Contracting States") form an alliance for the international recognition of the deposit of microorganisms for the purposes of patent procedure.

Article 2 definitions

For the purposes of this Agreement and instructions: (I) the reference "patent" must be understood as references to the invention, the copyright certificate for the invention, the utility certificate, patents for useful samples, additional patents or additional certificates, additional copyright certificates and additional certificates of utility; (II) "depositing a microorganism" means the following actions, carried out in accordance with this Agreement and instructions, due to the full meaning of the text in which these words are found: its transfer to the international body for the deposition of a microorganism that receives and accepts it, or its storage by the international body for the deposition of such a microorganism, or its storage, as; (IV) "publication for patent procedure purposes" means official publication or formal calculation of an application for a patent or obtaining a patent for familiarization accessible to the general public; (V) "intergovernmental organization of industrial property" means any organization that has filed a declaration under Article 9(1); (VI)" Department of industrial property " means a body of contracting states or an intergovernmental organization of industrial property authorized to grant a patent; (VII)" depository institution " means an institution that ensures the receipt, acceptance and storage of microorganisms, as well as the transfer of their samples; (VIII)" international depository authority "means a depository institution that has received the status of an international depository authority in accordance with Article 7; (IX)" Depositor " means an individual or legal entity that transfers it to the international depository authority that receives and accepts microorganisms, as well as any legal successor of the said individual or legal entity; (X)" Union "means the Union mentioned in Article 1; (XI)" Assembly "means the Assembly mentioned in Article 10; (XII)" organization "means the Organization of World Intellectual Property; (XIII)" International Bureau "means the International Bureau of the organization and the International Joint Bureau for the protection of intellectual property while BIRPI is still in operation; (XIV)" director general "means the Director General of the organization; (XV)" Guide " means the guide mentioned in Article 12.

CHAPTER I MATERIAL AND LEGAL PROVISIONS

Article 3 recognition of the deposit of microorganisms and its consequences

(1) (a) contracting states that decide or require the depositing of microorganisms for patent procedure purposes shall recognize the depositing of microorganisms in any international depositing body for such purposes. Such recognition means recognition of the fact and date of depositing by the specified international depositing body, as well as recognition of the fact that the microorganism being transferred as a sample is a sample of depositing. (b) any contracting state may request a copy of the depositing receipt issued by the international depositing authority referred to in subparagraph (a). (2) no Contracting State may make any other or additional requirements other than those provided for in this Agreement and instruction in respect of matters governed by this Agreement and instruction.

Article 4 repeated depositing

(1)(A) if the international depositing authority cannot provide a sample of a deposited microorganism for any reason, namely: (i) if such microorganisms are no longer viable, or, (II) if the transfer of samples requires them to be sent abroad, and the shipment of samples abroad or their receipt abroad cannot be carried out by the force of export or import restrictions, upon detection of the fact of inability to provide samples, this body immediately notifies the depositor of this with an indication of the reason, and the depositor has the right to re-deposit the original deposited microorganism, taking into account the provisions of Paragraph (2) and as provided for in this paragraph. (b) the re-deposit is carried out at the same international deposit authority where the initial deposit was made, however: (I) if the institution at which the initial deposit was made has completely lost its status as an international deposit authority or its status with respect to the deposited microorganism, or if the international deposit authority that carried out the initial deposit, temporarily or permanently terminated its function in relation to deposited microorganisms, where it is carried out by another international deposit authority.; If referred to in subparagraph (II) (A) (II), it may be implemented in another international depositing authority. (c) any repeated deposit shall be accompanied by an application signed by the Depositor, confirming that the newly deposited microorganism is the same original deposited microorganism. If this assertion of the depositor is challenged, the weight of proof is governed by the applicable laws. taking into account the provisions of subparagraphs (d) (A)-(C) and (e), repeated depository shall be deemed to have been made on the date of initial depository if all previous applications for the viability of the originally deposited microorganisms indicate that the microorganisms were viable and if the repeated depository referred to in subparagraph (A) is carried out within three months; (E) if the provisions of subparagraph(B) (I) apply and the depositor has not received the notification referred to in subparagraph(a) within six months from the date of publication of the message of the International Bureau of termination, restriction or termination referred to in subparagraph (B) (I), the period of three months referred to in subparagraph (d) shall be calculated from the date of the specified publication. (2) if the deposited microorganism has been transferred to another international depositing body, the right referred to in Paragraph(1) (a) shall not be valid until that body is in a position to provide samples of such microorganism.

Article 5 restrictions in the field of export and import

Each Contracting State recognizes that such restriction is essential only when there is a restriction on the export and import of certain microorganism species, and if such restriction applies to microorganisms deposited or intended to be deposited in accordance with this treaty, due to national security purposes or a threat to health or the environment.

Article 6 status of the International depositing authority

(1) in order to obtain the status of an international Depository authority, any depository institution must be located in the territory of the contracting state and enjoy the benefits set out in the confirmations provided by that state that this institution is responsible and will continue to respond to the conditions specified in Paragraph (2). This confirmation may also be issued by an intergovernmental organization of industrial property; in this case, the depository institution must be located on the territory of the member state of this organization. (2) as an international Depository body, the depository institution shall: (I) operate continuously; (II) have the personnel and equipment necessary to perform scientific and administrative duties under this treaty, as provided for in the manual; (III) be fair and objective; (IV) be equitable to any depositor for the purpose of depositing; (V) accept any or any type of microorganism for depositing, ; (VI) provide the depositor with a viability receipt and any required certificate, as provided for in the instructions; (VII) comply with the confidentiality requirements for deposited microorganisms, as provided for in the instructions; (VIII) provide samples of any deposited microorganisms, subject to the conditions in accordance with the procedure, as provided for in the instructions. (3) the instruction provides for the adoption of the following measures: (I) if the international depositing Authority temporarily or permanently ceases to perform its function in respect of deposited microorganisms, or if it refuses to accept any types of microorganisms that it must accept in accordance with the submitted confirmation; (II) the situation in which any international depositing authority has terminated or restricted its status as an international body.

Article 7 obtaining the status of an international depositing authority

(1) (A) the depository institution receives the status of an international depository authority by a written message sent to the director general of the Contracting State on the territory of which the depository institution is located, and by a declaration stating that it responds and continues to respond to the conditions set out in Article 6 (2). The specified status may also be obtained by the command of a written message of the intergovernmental organization of industrial property addressed to the director general and the content of the specified declaration. (b) this message contains information about the depository institution, as provided for in the instructions, and may indicate from what date the status of the international depository authority comes into force. (2) (A) if the director-general finds that the required declaration is contained in the message, and all required information has been obtained, the international bureau will immediately publish this message. (b) has the status of an international depositing authority from the date of publication of the message, or - from that date, if the date is specified in accordance with paragraph(1) (b) and is later than the date of publication of the message. A comprehensive description of the procedure in accordance with paragraphs (3)(1) and (2) is provided for in the instructions.

Article 8 termination and restriction of the status of an international depositing authority

(1) (A) any contracting state or any intergovernmental organization of industrial property may require the Assembly to terminate or restrict certain types of microorganism if the status of any body as an international depositing body is not met or does not comply with the conditions listed in Article 6. However, such a claim from the parties to the Agreed state or intergovernmental organization of industrial property does not apply to the international depositing authority in relation to the declaration referred to in Article 7(1)(a). (b) prior to the requirements in accordance with subparagraph (a), the contracting state or intergovernmental organization of industrial property shall, through the director general, inform the contracting state or intergovernmental organization of industrial property of the reasons for the requirements submitted in accordance with Article 7 (1), so that that state and organization can take appropriate action to eliminate the need to introduce the proposed requirement within six months from the date of receipt of the said warning. (C) if the Assembly finds that the requirement is sufficiently justified, it shall decide to terminate or limit the status of this body referred to in Paragraph (A) as an international body for the deposition of certain types of microorganisms. This decision of the assembly requires more than two-thirds of the votes cast in favor of satisfying this requirement. (2) (A) an agreed State or intergovernmental organization of industrial property may withdraw its declaration either in full or only in respect of a specific type of microorganism by notifying the director-general by submitting the certified declaration referred to in Article 7 (1) (A), and must withdraw its declaration in any case if the certification, including what exists, is no longer valid. (b) such notification shall entail the termination of the status of the international depositing authority from the date provided for in the instructions, if it concerns the declaration as a whole, or the corresponding restriction of this status, if it concerns only certain types of microorganisms. (3) a comprehensive statement of the procedure in accordance with paragraphs (1) and (2) is provided for in the instructions.

Article 9 intergovernmental organizations of industrial property

(1) (A) any intergovernmental organization in which several states have been instructed to grant regional patents, and all member states that are members of the International(Paris) Union for the protection of industrial property, may declare to the director-general that they undertake an obligation to recognize the obligation in respect of the requirements provided for in paragraph 3(1) (A), referred to in Article 3 (2), and recognize all consequences arising from the provisions of this Agreement and instruction applicable to the intergovernmental organization of industrial property. If the declaration referred to in the previous sentence is submitted before the entry into force of this agreement in accordance with Article 16(1), then its validity begins from the date of entry into force of the mentioned. If the declaration is submitted after the entry into force of this agreement, its validity begins after three months from the date of filing the declaration, unless a later date is specified in it. In the latter case, the entry into force of the declaration begins on the date specified in this way. (b) the above-mentioned organization shall have the right provided for in Article 3(1) (b). (2) when revising or amending any provision of this Agreement and instruction affecting the interests of the intergovernmental organization of industrial property, any intergovernmental organization of industrial property may withdraw its declaration by sending a notification to the director-general referred to in Paragraph (1). Such revocation: (I) in case of receipt of notification before the date of entry into force of the revised or amended rules - from that date; In case of receipt of notification after the date specified in subitem (II) (I) - after three months from the date specified in the notification or, if there is no such instruction, from the date of receipt of the notification. In addition to the situation referred to in paragraph (3)(2), any intergovernmental organization of industrial property may withdraw its declaration referred to in Paragraph (1) (a) by sending a notification to the director-general. This revocation takes effect two years after the date of receipt of the notice by the CEO. In accordance with this paragraph, no notice of revocation shall be accepted for five years from the date of entry into force of the declaration. A recall made by the intergovernmental organization of industrial property referred to in paragraphs(4) (2) and (3) shall, in accordance with Article 7 (1), result in the termination of such status after one year from the date of receipt by the director-general of the notification of the recall, a notification allowing the depositing institution to acquire the status of an international depositing authority. (5) (1)(A) any declaration referred to in Paragraph (2) or paragraph (3), a confirmation submitted in accordance with the second sentence of Article 6(1) and attached to the declaration drawn up in accordance with Article 7 (1) (A), a claim made in accordance with Article 8(1) and a notice of recall referred to in Article 8 (2) shall requires solutions.

CHAPTER II ADMINISTRATIVE REGULATIONS

Article 10 Assembly

(1) (A) the Assembly shall consist of the agreed States.  (b) each Contracting State is represented by one delegate, who has deputies, advisers and experts. (c) each intergovernmental organization of industrial property is represented by special observers at meetings of the Assembly, as well as in any committee and working group formed by the Assembly. (d) any state that is not a member of the Union, but is a member of the industrial property protection organization or the international (Paris) Union, and any intergovernmental organization that specializes in the field of patents and is not an intergovernmental organization of industrial property, as defined in Article 2(v), may participate as observers in meetings of the Assembly, any committee or working group (2) (A) the Assembly shall: (I) consider all matters relating to the preservation and development of the Union and the application of this treaty; (II) exercise such rights specifically assigned to or delegated to it under this treaty, and it shall fulfill such duties. (III) gives instructions to the director-general regarding the development of the review conference; (IV) reviews and approves the report and activities of the Director-General regarding the Union and gives him the necessary instructions on matters within the competence of the Union; (V) establish such committees and working groups deemed necessary to promote the work of the Union; (VI) determine which states are not contracting states, which intergovernmental organizations are not intergovernmental organizations of industrial property as defined in Article 2(v), and which international non-governmental organizations are admitted to its meeting as observers and to what extent they are admitted to its meeting as observers of international depositing bodies; (VII) carry out any other relevant actions aimed at achieving the purpose of the Union; (VIII) perform all other duties arising from this treaty. (b) the Assembly shall hear the opinion of the Coordinating Committee of the organization and make decisions on matters of interest to other unions administered by the organization. (3) a delegate may represent only one state and vote only on its behalf. (4) each Contracting State has one vote. (5) (a) half of the contracting states constitute the Quorum. (b) in the absence of a quorum, the Assembly may make decisions, but all decisions of the Assembly, except for individual decisions relating to individual procedural rules, shall enter into force only if, as specified in the instructions, the quorum and the necessary majority are achieved by a vote by correspondence. (6)(A) the Assembly shall adopt its decisions by a given majority of votes, taking into account the provisions of Articles 8(1) (C), 12(4) and 14 (2) (b). (b) the votes of abstainers are not taken into account. (7) (A) the Assembly meets for a regular session every three years at the invitation of the director-general, where possible, at the location of the General Assembly of the organization and at the same time. (b) the Assembly shall convene for an extraordinary session convened by the director-general, either on his own initiative or at the request of a quarter of the contracting states. (8) the Assembly adopts its own rules of procedure.

Article 11 international bureau

(1) The International Bureau: (I) carries out the administrative duties of the Union, in particular, in accordance with this treaty and instruction or specifically assigned to it by the Assembly; (II) performs the functions of the secretariat of the Assembly, the committees and working groups formed by the Assembly and any other meetings convened by the director-general and (2) the general director is the chief official of the Union and represents the Union. (3) the general director shall convene all meetings to consider matters relating to the Union. (4) (A) the director-general and any member of staff appointed by him shall attend meetings of the Assembly and the committees and working group formed by the Assembly, as well as any other meetings that consider matters relating to the Union and convened by the director-general, without the right to vote. (B) the director-general or a member of the staff appointed by him / her is the secretary of the Assembly, as well as the EC ofisio of committees, working groups and other meetings referred to in subparagraph (a). (5) (A) the director-general shall prepare for the review conference in accordance with the instructions of the Assembly. (B) the director-general may consult with intergovernmental and international non-governmental organizations on the issues of preparation for the review conference. (C) the director general and the persons appointed by him shall participate in the work of the review conference without the right to vote. (d) the director general or a member of the staff appointed by him / her is the secretary of the EC ofisio of any review conference.

Article 12 instructions

(1) The Manual provides for provisions relating to: (I) the special reference of this agreement to the manual, or the terms specifically stipulating that they are established or established; (II) any administrative requirements, issues, or procedures; (III) any comprehensive presentation that may be useful for the application of this Agreement: (2) the instruction accepted at the same time as this Agreement shall be attached to this Agreement. (3) the Assembly shall have the right to amend the instructions. (4) to adopt any amendments to the Manual (A), a two-thirds majority of the votes cast shall be required, Subject to the provisions of subparagraph (b). (b) to adopt any amendment by the International depositing authority regarding the transfer of deposited microorganism samples, it is required that no contracting state votes against the proposed amendment. (5) if there is a gap between the provisions of this Agreement and the provisions of the instructions, the provisions of the agreement shall apply.

CHAPTER III REVISION AND AMENDMENTS

Article 13 revision of the contract

(1) this treaty may be revised over time at the conference of the contracting states. (2) the decision to convene any revision conference shall be made by the Assembly. (3) amendments to Articles 10 and or 11 may be adopted either at the conference for revision or in accordance with Article 14.

Article 14 amendments to some provisions of the Treaty

(1) (A) proposals to amend Articles 10 and 11 in accordance with this article may be made by any contracting state or director-general. (b) such proposals shall be sent by the director-general to the contracting states at least six months prior to their consideration by the Assembly. (2) amendments to the articles referred to in Paragraph (A) (1) shall be adopted by the Assembly. (b) the adoption of any amendment to Article 10 requires a majority of four-fifths of the votes cast; The adoption of any amendment to Article 11 requires a majority of three-quarters of the votes cast. (3) Any amendment to the articles referred to in Paragraph (A) (1) shall enter into force one month after receipt by the director general of a written notification of its adoption, carried out in accordance with the constitutional procedure of each state, from three-quarters of the contracting states that were members of the Assembly at the time of the adoption of this amendment. (b) amendments to these articles adopted in this way shall be binding on all contracting states that are contracting states at the time of adoption of the amendments by the Assembly; however, any amendment that creates financial obligations for the said Contracting States or increases such obligations is binding only on the contracting states that have notified of the adoption of such amendment. any amendment adopted and put into effect in accordance with the provisions of subparagraph (C) (A) is binding on all states that become Contracting States after the date of adoption of this amendment by the Assembly.

CHAPTER IV FINAL PROVISIONS

Article 15 participation in the contract

(1) any member state of the International (Paris) Union for the protection of industrial property may become a party to this treaty by: (i) signing the treaty with subsequent storage of the approved certificate; or (ii) transferring the act of accession to the treaty for storage. (2) approved certificates or acts of accession shall be deposited with the Chief Inspector.

Article 16 entry into force of the contract

(1) this Agreement shall enter into force three months after the date of depositing the approved fifth certificate or accession act for the first five states that have deposited their certificates of ratification or accession acts. (2) this Agreement shall enter into force three months after the date of deposit of the certificate of ratification or act of Accession by that state for any other state, unless the date is specified too late in the certificate of ratification or act of accession. In the latter case, this Agreement shall enter into force in respect of this state on the day specified in this way.

Article 17 annulment of the Treaty

(1) any contracting state may revoke this agreement by sending a notice to the director-general. (2) cancellation shall take effect two years after the date of receipt of this notice by the general director. (3) no Contracting State may exercise the right of cancellation provided for in Paragraph (1) until the expiration of a period of five years from the date of its accession to this treaty. (4) the termination of this agreement in respect of a depository institution that has received the status of an international depository body by the contracting states making the declaration referred to in Article 7 (1) (A) shall entail the termination of such status after one year from the date of receipt of the notification referred to in Paragraph (1) by the director general.

Article 18 language of the Treaty and its signing

(1) (A) the original of this agreement in English and French shall be signed and both texts shall have the same legal right. (b) the official texts of this Treaty shall be drawn up by the director general within two months from the date of signing this treaty in other signatory languages of the convention establishing the World Intellectual Property Organization, after consultation with the governments concerned. (C) the official texts of this Treaty shall be drawn up by the director general, after consultation with the governments concerned, in Arabic, Italian, German, Portuguese and Japanese, as well as in other languages established by the Assembly. (2) this treaty will be open for signing in Budapest until December 31, 1977.

Article 19 storage of the contract; shipment of copies; registration of the contract

(1) the original text of this Agreement shall be deposited with the director general after it is closed for signature. (2) the director-general shall send two certified copies of this Agreement and the instruction itself to the governments of all states referred to in Article 15(1), intergovernmental organizations that may submit declarations in accordance with Article 9(1) (A), and to the government of any other state upon request. (3) the director-general shall register this agreement with the Secretariat of the United Nations. (4) the director-general shall send two copies of any amendment to this Agreement and instructions, certified by him, to all contracting states, intergovernmental organizations of industrial property and, upon request, to the government of any other state and any other intergovernmental organization that may submit a declaration in accordance with Article 9(1) (a).

Article 20 notification

The director-general also applies to contracting states, intergovernmental organizations of industrial property and states that are members of the international (Paris) Union for the protection of industrial property and are not members of the Union: (I) on signatures in accordance with Article 18; (II) on the transfer for storage of certificates or acts of accession to be approved in accordance with Article 15(2); (III) on declarations filed in accordance with the provisions of Article 9(1)(A) and notifications of revocation in accordance with Article 9(2) or (3; (IV) on the effective date of this agreement in accordance with Article 16 (1); (V) on notifications under Articles 7 and 8, as well as decisions under Article 8; (VI) on amendments to this agreement in accordance with Article 14 (3); (VII) on any amendment to the instruction; (VIII) on the effective date of the amendment to the agreement or instruction; (IX) on the cancellation notice made under Article 17. Instructions to the Budapest Treaty on international recognition of the deposition of microorganisms for patent procedure purposes*______________________

* Entry into force (with the latest changes: January 31, 1981. Note: this manual was adopted on April 28, 1977, with changes made on January 20, 1981.

(January 31, 1981)

Rule 1 abbreviated sentences and comment on the sign word

1.1." Treaty "the word" treaty " in this manual means the Budapest Treaty on international recognition of the deposition of microorganisms for patent procedure purposes. 1.2." article "the word" article " in this instruction refers to a specific article of the contract. 1.3." signature "the word" signature "in this manual should be understood to mean the word" seal "for the purposes of the international depositing body, if the laws of the state in whose territory this body is located require the use of the word" seal " in place of signature.

Regulation 2 International depositing bodies

2.1. the international body for depositing "legal status" may be a government institution or a private organization, including a public organization that does not belong to the central government under a public administrative body.  2.2. employees and equipment the conditions referred to in Article 6 (2) (II), in particular, include: (I) any international depositing authority must have employees and equipment that ensures the preservation of the viability and non-contamination of microorganisms in the protection of deposited microorganisms;  (II) any international depositing authority must provide adequate measures to prevent microorganisms in order to minimize the risk of loss of microorganisms deposited in them for storage.  2.3. transfer of samples the conditions referred to in Article 6 (2) (II) include, in particular, the requirements that any international depositing authority must quickly and adequately transfer samples of deposited microorganisms.

Rule 3 having the status of an international depositing authority

3.1. the message referred to in article(a) 7 (1) is sent to the director - general, in the case of the contracting states - through diplomatic channels or in the case of the intergovernmental organization of industrial property-through the main official of this organization. (b) the message shall contain: (I) the name and address of the depositing institution relevant to the message; (II) comprehensive information on the capacity of the said institution to meet the conditions provided for in Article 6 (2), including information on its legal status, position in the field of science, staff and equipment; (III) if the said depositing institution intends to accept only certain types of microorganisms for depositing; (IV) indicate the amount of any duty that the said institution charges for storing microorganisms, issuing certificates of viability and samples after receiving the status of an international depositing authority; (V) indicate the official language or languages of the said Institution; (VI) the date specified in Article 7(1) (a)  3.2. Actions related to the message if the message complies with the provisions of Article 7(1) and regulation 3.1, the director-general shall immediately notify all contracting states and intergovernmental industrial property organizations of it and shall immediately publish the message by the International Bureau.  3.3. Extension of the list of accepted types of microorganisms referred to in Article 7(1), the notified contracting state or intergovernmental organization of industrial property may notify the director-general at any time that the confirmations submitted by them apply to certain types of microorganisms for which these confirmations have not been applied until now. In such a case and to the extent that it applies to additional types of microorganisms, the terms of Article 7(I) and the provisions of 3.1 and 3.2. mutatis mutandis apply.

Rule 4 termination or restriction of the status of an international depositing authority

4.1. the claim; actions related to the claim (a) the claim referred to in Article 8 (1) is addressed to the general director in accordance with the terms of regulation 3.1. (a). (B) the claim must include: (I) the name and address of the relevant international depositing authority; (II) if it applies only to certain types of microorganisms, such types of microorganisms must be listed; (III) the facts on which the claim is based must be presented in detail. (C) if the claim is able to respond to the provisions of clauses (A) and (b), the director-general shall immediately notify all contracting states and intergovernmental organizations of industrial property about it. subject to the provisions of Paragraph (d) (E), the Assembly shall consider the requirements within a period not exceeding six months and not later than eight months from the date of notification of the claim. (E) if, in the opinion of the director-general, compliance with the term provided for in Paragraph (d) is detrimental to the interests of real or potential depositors, he may convene an assembly no earlier than the term provided for in Paragraph (D). (f) If the Assembly decides to terminate or limit the status of the international deposit authority for certain types of microorganisms, the decision mentioned earlier than the expiration date of the six-month period shall enter into force three months after the date of its adoption.  4.2. Notification; effective date; actions related to the message (A) the message referred to in Article 8(2) is sent to the general director in accordance with regulation 3.1. (a). (b) the message shall include: (I) the name and address of the relevant international depositing authority; (II) if it applies only to certain types of microorganisms, such types of microorganisms shall be listed; (III) if the contracting state or intergovernmental organization of industrial property transmitting this message wishes that the consequences provided for in Article 8(2) (b) come later than the date of the three-month period from the date of notification, the date of this late arrival must be specified. when applying the provisions of paragraph (C) (b) (III), the consequences provided for in Article 8 (2) (b) shall arise on the day of reflection in the notification in accordance with this paragraph; otherwise, after the expiration of a three-month period from the date of notification. (d) the director-general shall immediately notify the contracting states and intergovernmental organizations of any communications received in accordance with Article 8 (2) (b) and the effective date in accordance with paragraph (C) thereof. The relevant message will be immediately published by the International Bureau.  4.3. consequences of depositing 8(1), 8(2), 9(4) or in accordance with the provisions of Articles 17 (4), in the event of termination or restriction of the status of the international depositing Authority, the rule 5.1. mutatis mutandis shall apply.

Rule 5 insolvency of the International depositing authority

5.1. Termination of the performance of functions in respect of deposited microorganisms (A) if any international depositing Authority temporarily or permanently suspends the performance of any functions to be performed in accordance with the Treaty and this instruction in respect of any deposited microorganisms, the contracting state or intergovernmental organization of industrial property that has issued confirmations in respect of that body in accordance with the provisions of Article 6(1) : (I) ensure the immediate transfer of all samples of such microorganisms that are not damaged or contaminated to the maximum extent possible to an international depositing body ("substitute body") other than the said body ("insolvent body"); (II) ensure the immediate transfer of all postal and other messages of the substitute body to the insolvent body, as well as all documents and other relevant information related to said microorganisms and subject to; (III) to the maximum extent possible, ensure immediate notification to the insolvent body of the termination of the performed activities of all interested depositors and of the submissions made by them; (IV) immediately inform the director-general of the fact and extent and measures taken by the contracting states and intergovernmental organizations of industrial property in accordance with subparagraphs (I) - (III). (b) the director-general shall immediately notify the contracting states and intergovernmental organizations of industrial property, as well as the Departments of industrial property, of the notification received in accordance with Paragraph (A) (IV); the notification of the director-general and the notification received by him shall be immediately published by the International Bureau. (C) in accordance with the patent procedure to be adopted, 7.5. upon receipt of the receipt referred to in the rules, it may be required to immediately inform the depositor of the new registration number assigned to this deposit by the substitute body to any department of industrial property where the patent application is submitted with reference to the initial deposit. (d) the substitute shall properly retain the registration number issued by the insolvent body together with the new registration number. in addition to any transfers made in accordance with paragraph (C) (A) (i), the insolvent authority, at the request of the depositor, as far as possible, submits a sample of any microorganism deposited there, together with copies of all postal and other messages, as well as copies of all documents and other relevant information referred to in Paragraph (A) (II), to any international depositing authority specified by the Depositor, except for the substitute Authority, the Depositor must pay any costs related to the transfer of this sample to the insolvent authority. (f) at the request of any interested Depositor, the samples of microorganisms deposited there will be stored by the insolvent body as long as this is possible for him.  5.2. Refusal to accept certain types of microorganisms (A) if any international depositing body refuses to accept for depositing any type of microorganisms, the acceptance of which is mandatory on the basis of the submitted confirmations, the contracting state and the intergovernmental organization of industrial property, which has made a declaration in respect of that body in accordance with Article 7(1) (A), shall immediately notify the director-general of the relevant facts and measures taken. (b) the director-general shall immediately notify other Contracting States and intergovernmental organizations of the notification received in accordance with Paragraph (A); the notification of the director-general and the notification received by him shall be immediately published by the International Bureau.

Rule 6 implementation of Primary and repeated depositing

6.1. the initial depository shall be submitted (a) to the Depositor's microorganism to the International depository authority, except in the case requiring the application of regulation 6.2., a written application signed by the depositor and containing: (I) instructions indicating that the depository was carried out in accordance with the agreement and an obligation not to withdraw the deposited microorganism during the period specified in regulation 9.1; (II) name and address of the Depositor; (III) a detailed description of the conditions necessary for the cultivation, preservation and verification of the viability of a microorganism, as well as for the description of at least one of the methods that allows you to verify the composition of that mixture and its existence, if a microorganism mixture is deposited; (IV)A identification link (number, symbols, etc.); (V) instructions that the properties of a microorganism may be hazardous or hazardous to health or the environment, or that such properties are unknown to the Depositor. in the written application referred to in Paragraph (b) (A), the scientific description and/or proposed taxonomic definition of the deposited microorganism is emphasized.  6.2. A copy of the previous depository receipt for a microorganism submitted by the depositor to the international depository authority upon repeated depositing in accordance with Article 4, taking into account the provisions of Paragraph (A) (b), the last copy of the certificate of viability of a microorganism that was previously the object of depositing, indicating the viability of a microorganism, and a written application signed by the Depositor, including: (I) 6.1 (a) (I)-(V) ; (II) a declaration indicating the reasons for repeated depositation in accordance with Article 4 (1) (A), an application confirming that the repeated deposited microorganism is also a previously deposited microorganism, and an indication of the date of receipt of notification by the Depositor mentioned in Article 4(1) (A) or, depending on the circumstances, the date of publication, as mentioned in Article 4(1) (e); (III) if any scientific description(s) and/or proposed taxonomic definition(s) are specified in connection with the past Depository, the last scientific description and/or proposed taxonomic definition of the species (s) reported to the international depository authority that made the previous depository. (b) the provisions of Paragraph(A) (I) shall not apply if repeated depositing has been carried out in the same previous depositing body. (C) (A) and (b) as well as 7.4. for the purposes of this rule, "upcoming depositing" means: (i) the last one within another repeated depositing if one or more repeated depositions preceded this repeated depositing; (II) the initial depositing if no repeated depositing preceded this repeated depositing.  6.3. Requirements for international depositing authorities (a) Any international depositing authority may require: (i) that the depositary authority provide it with the form and quantity necessary for the purposes of the agreement and these Instructions; (ii) that it provide it with a form established by that authority, duly completed by the depositor for the purposes of the administrative procedure of that authority; (III) the written request referred to in regulation 6.1 (a) or 6.2 (a) must be written in the language specified by that authority or in one of the following languages:; at the same time, it is understood that such provision must include at least the official language or the languages specified in accordance with regulation 3.1(b)(v); (IV) payment of the compliance fee referred to in regulation 12.1 (a)(i); and (V) the conclusion of an agreement between the depositor and this body that takes into account the obligations of the depositor and the said body to the extent permitted by applicable law. (b) any international depositing authority shall notify the International Bureau of any such requirements and any amendments to it.  6.4. Acceptance procedure (a) the international depositing authority refuses to accept the microorganism for depositing and notifies the depositor in writing of such refusal and its reasons: (I) if the depositing microorganism is not attributed to any type of microorganism to which the confirmations submitted in accordance with regulation 3.1(b)(III) or 3.3 apply; (II) if the properties of a microorganism are so specific that it turns out that the international depositing authority is technically incapable of performing the function that it must perform in relation to that organism in accordance with this treaty and this instruction; (III) if the condition of the deposit received clearly indicates the absence of a deposited microorganism or, according to scientific considerations, does not allow the acceptance of a deposited microorganism. (B) taking into account the provisions of Paragraph (A), the international depositing authority shall not be liable in regulation 6.1 (A) or 6.2 (A), as well as in regulation 6.Acceptance of the deposited microorganism, subject to compliance with all the requirements specified in regulation 3 (a). If any of these requirements are not met, the international depository body immediately notifies the depositor of this and offers him to ensure compliance with such requirements. (C) in the event that a microorganism is acquired as a result of primary or repeated depositing, the date of such primary or repeated depositing, depending on the circumstances, is the date of receipt by the international body for the depositing of the microorganism. (d) The international depositary authority considers that, for the purposes of this Agreement, such authority was obtained on the date of obtaining the status of an international depositary authority upon the application of the depositor and subject to all the conditions listed in paragraph (b).

7-receipt when receiving the rule

7.1.issuance of a receipt the international depository body issues a receipt to the depositor with respect to each deposit of a microorganism made or transferred to it in this body, confirming the fact of its acceptance of this microorganism.  7.2. letterhead; languages; signature (A) Any receipt referred to in regulation 7.1 is drawn up on forms called "International letterhead", established by the general director in the languages defined by the Assembly model. (b) any words and letters in the receipt filled with non-Latin alphabet symbols are also indicated by letters of the Latin alphabet by transliteration. (C) The Receipt shall be signed by a person or persons with authority representing an international depositing authority, or by any official of that body who has received the appropriate authority from said person or persons.  7.3. Content at the initial deposit any receipt issued at the time of the initial deposit, referred to in regulation 7.1 and issued at the time of the initial deposit, must indicate that it was issued from the institution for the deposit as the international body for the deposit in accordance with the agreement, and must contain at least the following information: (I) the name and address of the international body for the deposit; (II) the name and address of the Depositor; (III) the date of the initial deposit, in accordance with the definition contained in regulation 6.4 (C) ; (IV) the Depositor's identification link to the microorganism (number, symbols, etc.); (V) the registration number issued by the international depositing authority to the deposited microorganism; (VI) if the written application referred to in regulation 6.1 (A) contains a scientific description and/or recommended taxonomic definition of the microorganism, then a note on this fact.  7.4. Content in the case of repeated depositing, a copy of the previous depositing receipt (within the meaning of rule 6.2(C)) and a copy of the last certificate on the viability of the microorganism that was the object of the previous depositing (within the meaning of rule 6.2(C)), indicating the viability of that microorganism; this receipt must contain at least: (I) the name and address of the international depository authority; (II) the name and address of the Depositor; (III) the date of repeated depository, in accordance with the definition set out in regulation 6.4(C); (IV) the identification link of the depositor to the microorganism (number, symbols, etc.); (V) the registration number issued by the international depository authority to the microorganism deposited as a result of repeated depository; (VI) 6.1 (A) to indicate the appropriate reason and the appropriate date specified by the depositor in accordance with regulation(II) ; (VII) if, when applying rule 6.2 (a), the Depositor refers to the fact of specifying a scientific description and/or recommended taxonomic definition; (VIII) The registration number assigned to the deposited microorganism as a result of the upcoming depositing(within the meaning of rule 6.2 (C)). 7.5. Receipt in case of transfer in accordance with regulation 5.1(A)(i) the international depositing authority to which the microorganism was transferred in accordance with the Treaty, the depositing Authority, which is the international depositing authority, shall issue a receipt certifying the transfer in respect of each depositing in connection with the transfer of the sample and containing at least the following information: (I) the name and address of the international depositing authority; (II) the name and address of the Depositor; (III)the date (; (IV) the Depositor's identification link to the microorganism(number, symbols, etc.); (V) the registration number issued by the international depositing authority; (VI) the name and address of the international depositing authority that made the transfer; (VII) The registration number of the international depositing authority that made the transfer; (VIII) if the written application referred to in provisions 6.1 (A) or 6.2(A) contains a scientific description and/or proposed taxonomic definition of a microorganism, or if such a scientific description(s) and/or proposed taxonomic definition (s) are specified later in accordance with regulation 8.1, or if changes to this description and/or definition are made later - the relevant fact is referred to. 7.6. Posting a scientific description and/or proposed taxonomic definition at the request of any party entitled to obtain a sample of a deposited microorganism in accordance with the terms of rules 11.1, 11.2 or 11.3, the international depositing authority shall send to such party the final scientific description and/or proposed taxonomic definition referred to in rules 6.1 (b), 6.2 (A)(III) or 8.1 (b)(III).

Rule 8 the following indication or modification of a scientific description and / or proposed taxonomic definition

8.1. message (A) if the scientific description(s) and/or taxonomic definition(s) of the microorganism associated with the deposition of the microorganism are not specified, the depositor may specify them later or make changes to this description and/or definition, if they are specified. (b) any further indication or change of any kind shall be made in the form of a written message addressed to the international depositing Authority, signed by the depositor, and shall include: (I) the name and address of the Depositor; (II) the registration number issued by the said authority; (III) the scientific description and/or the proposed taxonomic designation of the microorganism; (IV) The Last subsequent scientific description and/or the proposed taxonomic designation in case of changes. 8.2.issuance of a certificate the International Depository authority, as specified in regulation 8.1, at the request of the depositor who made the message, must provide him with a certificate indicating the data specified in regulation 8.1(b)(i)-(iv) and the date of receipt of this message.

Rule 9 preservation of microorganisms

9.1. shelf life any microorganism deposited by the international depositing authority, taking all necessary precautions for its viability and contamination-free storage, shall be stored by this authority for at least five years from the moment of receipt of the last request for the transfer of a sample of the deposited microorganism and, in any case, for at least 30 years from the date of 9.2. Confidentiality no international depositing authority should provide information to anyone regarding the fact of depositing a microorganism that has already been carried out in accordance with the Treaty. Moreover, this body, in accordance with the agreement, must not provide information to anyone regarding the microorganism deposited in it, which is not added to the fact that any body, natural or legal entity entitled to obtain a sample of the microorganism mentioned in accordance with the terms of Rule 11 complies with such requirements provided for in this regulation.

Rule 10 survival test and survival certificate

10.1.obligation to conduct an inspection the international Depositary shall verify the viability of each microorganism deposited therein: (I) immediately after any depository referred to in regulation 6 or after any transfer referred to in regulation 5.1; (II) after the appropriate time, depending on the type of microorganism and the possible conditions of its storage, or at any time, if 10.2. Viability certificate (a) the international depositing authority shall certify the viability certificate of the deposited microorganism: (I) immediately after any depository referred to in regulation 6 or after any transfer referred to in regulation 5.1 to the Depositor; (II) at any time upon its request after the depository or transfer to the Depositor; (III) to any department of industrial property, any other body, individual or legal entity, other than the Depositor entitled to obtain the sample of the microorganism mentioned in accordance with the terms of regulation 11, at any time at their request at the same time or after such transfer. (b) the viability certificate must indicate whether the microorganism is viable or non-viable and must include: (I) the name and address of the international depositing authority issuing this certificate; (II) the name and address of the Depositor; (III) the date referred to in regulation 7.3 (III) or the last of the relevant dates referred to in regulations 7.4 (III) and 7.5 (III) in case of repeated depositing or transfer; (IV) the registration number issued by the said authority to the microorganism; (V) the date of the inspection to which the certificate refers; (VI) information regarding the conditions of the inspection carried out, if such information is requested from the party to which the certificate of viability is issued, and if the results of the inspection are incorrect. if paragraphs (C) (A), (II) and (III) apply, the viability certificate must refer to the last viability test. (d) mutatis mutandis rule 7.2 applies to the form, languages and signatures of the certificate of viability. if paragraph (E) (A) (I) is applied or requested by the Department of industrial property, the certificate of viability is issued free of charge. Any duty charged in accordance with rule 12.1 (a) (III) with respect to any other certificates of viability shall be paid by the party requesting this certificate prior to or simultaneously with the request.

Rule 11 transfer of samples

11.1. Transfer of samples to interested departments of industrial property any international depositing authority shall transfer any samples of the deposited microorganism to any contracting state or Department of industrial property or any intergovernmental organization of industrial property at the request of such department.: (I) an application is submitted to this agency for a patent with reference to the deposit of said microorganism, and the subject of such application is the specified microorganism or the use of said microorganism; (II) such application is considered by this department or the agency for which the patent is issued; (III) this sample is required for the purposes of the patent procedure in force in the said Contracting State, the said organization, or the member states of that organization; (IV) the sample and any information attached to or related to it shall be used only for the purposes of the mentioned patent procedure. 11.2. transfer of samples to the depositor or with the permission of the Depositor any international depositing authority shall provide any sample of the deposited microorganism to the depositor at the request of (I) ; (II) the Depositor's declaration authorizing the transfer of the requested sample shall be submitted to any authority, individual or legal entity (hereinafter referred to as the "authorized party") at the request of that party, if attached to the request.  11.3. Transfer of samples to the parties entitled to do so (a) by any international depositing authority to any body, individual or legal entity (hereinafter referred to as - "certified party") shall provide a sample of any deposited microorganism at the request of these parties, the content of the request must be made on the form established by the Assembly, and on the said form the Department of industrial property states: (I) that this department has submitted a patent application for said deposited microorganism, and that the subject of such application is; Except for the application of the provision of the second phrase of subparagraph (II) (III), this agency has made a publication for the purposes of the patent procedure; (III) either The Certified party has the right to obtain a sample of the microorganism in accordance with the laws governing the patent procedure in this department, and if the mentioned laws impose this right in connection with the fulfillment of certain conditions, and this department is confident that such conditions have actually been fulfilled, or the certified party has signed the form during the implementation of the procedure in this department, and the consequences of the signature on the said form are considered to have been fulfilled in accordance with the laws governing the patent procedure in this department; if the certified party has the mentioned right in accordance with the laws mentioned before the publication of the said agency for the purposes of the patent procedure, and such publication has not yet been published, it is necessary to emphasize this fact in the certification and certify that it must have a reference to the applicable rules of these laws, including any court decision. (b) when it comes to patents granted and published by any department of industrial property, the lists of registration numbers issued by this body to deposited microorganisms referred to in such patents may be deposited by such agency over time to any international depositing authority. The international depositing authority, upon request from any body, individual or legal entity (hereinafter referred to as the "Requesting Party"), issues a sample of any microorganism whose registration number was deposited in this way. When it comes to deposited microorganisms whose registration numbers have been deposited in this way, the above-mentioned agency is not obliged to carry out the certification referred to in regulation 11.3(a). 11.4. General Provisions (a) 11.1., 11.2. and any request, declaration, certificate or submission referred to in Rules 11.3 must be made as follows: (I) in English, Spanish, Russian or French, if they are to be sent to the international depositing Authority, whose official language or official languages include English, Spanish, Russian or French, respectively, if such languages must be Russian or Spanish, they may be, The International Bureau shall make a certified translation into Spanish or Russian immediately and free of charge at the request of the interested party referred to in the specified rules or the international depositing authority; (II) in all other cases they shall be made in English or French, and may instead in the official language or one of the official languages of the international depositing authority. (B) regardless of the provision of Paragraph (A), if the request referred to in regulation 11.1 is made by the Department of industrial property whose official language is Russian or Spanish, the said request may be made in Russian or Spanish, respectively, and the International Bureau shall make a confirmed translation into English or French immediately and free of charge at the request of this department or the international depositing authority that has received the specified request; (C) 11.1., 11.2. and any request, declaration, certificate or transfer referred to in Rules 11.3 must be made in writing, dated and signed. (d) any request, declaration or certificate referred to in rules 11.1., 11.2. and 11.3 must include: (I) the name and address of the requesting Industrial Property Office, authorized party or certifying party, depending on the circumstances; (II) the registration number assigned to the deposited microorganism; (III) the number and date of the order or patent in respect of the deposited microorganism as provided for in regulation 11.1; (iv) the information referred to in subitem (iii) as provided for in regulation 11.3 (A), as well as the name and address of the Department of industrial property that made the certification referred to in this regulation. (e) any request referred to in regulation 11.3 (b) must include the following; (I) the name and address of the Requesting Party; (II) the registration number assigned to the deposited microorganism; (f) the container in which the transferred sample is placed must be marked with the registration number assigned to the microorganism deposited by the international depositing authority and attached to it a copy of the receipt referred to in regulation 7, an indication of any property of the microorganism that may be dangerous or dangerous to health and the environment, and, upon request, an indication of the conditions under which the international depositing authority carries out the cultivation and storage of the microorganism. (g) the international depositing Authority, which has made the transfer of the sample to any interested party other than the depositor, shall immediately notify the depositor in writing of this fact, as well as of the date of the said transfer, the name and address of the requesting Department of industrial property, the authorized party or the certifying party to which the sample was issued. The said notice shall be accompanied by a copy of the relevant request, a copy of any declaration submitted in accordance with provisions 11.1 or 11.2 (II) in connection with the said request, and a copy of any form or request signed by the Requesting Party in accordance with regulation 11.3. according to regulation (h) 11.1, the transfer of the sample is free of charge. If the transfer of the sample is carried out in accordance with rules 11.2 or 11.3, any duty payable in accordance with rule 12.1 (a) (iv) shall be levied by the Depositor, the authorized party, the certifying party or, as applicable, the Requesting Party and shall be paid before or at the time of submission of the said request.  11.5. Changes in the application of provisions 11.1 and 11.3 to international applications if an application is submitted in the same way as an international application in accordance with the Patent Cooperation Treaty, the reference contained in provisions 11.1 (I) and 11.3 (a) (I) in connection with the transfer of this application to the Department of industrial property shall be considered as a reference, 11.3 (A) (II) is understood as the certification of the fact of publication, which is required in accordance with the regulation, or the certification of the fact of publication of an international publication concluded in accordance with the specified agreement, or the certification of the fact of publication by this Department of industrial property.

Rule 12 Duty

12.1. types and amounts of duties (a) any international depositing authority may, in accordance with the procedures provided for in the Treaty and this manual, charge a duty for: (I) for storage; (II) for issuing a certificate referred to in regulation 8.2; (III) for issuing a certificate of viability, taking into account the first clause of regulation 10.2 (e); (IV) for issuing samples, taking into account the first clause of regulation 11.4 (h); (v) for storing information in accordance with regulation 7.6 for sending. (b) as provided for in regulation 9.1, the duty for storage shall be levied for the entire period in which the microorganism is stored; (C) the amount of any duty shall not be changed depending on the nationality or place of residence of the depositor or the nationality or place of residence to which the body, individual or legal entity requesting the issuance  12.2. Change in the amount of Duty (a) any change in the amount of duty charged by any international depositing body shall be the subject of notification to the director-general by the contracting state or intergovernmental organization of industrial property, which has made a declaration in accordance with Article 7(1) in respect of that body. This may indicate the date on which the new duty will begin to be charged, subject to the provisions of paragraph (C) of the notice. (B) the director-general shall immediately notify all contracting states and intergovernmental organizations of the date of its entry into force in accordance with Paragraph (A) and in accordance with paragraph (C) of any notification received by the director-general and the notification received by him shall be immediately published by the International Bureau. (c) any new duty shall be applied from the date specified in accordance with Paragraph (A), if the change consists in an increase in the size of the duty, or, if no date is specified, a new duty shall be levied from the thirtieth day after the publication of the change by the International Bureau.

Rule 12-BIS calculating deadlines

12 bis. 1 terms in years if the term is specified in a year or a certain number of years, it is calculated from the day following the date of the relevant event, and the month and day of the occurrence of this event expires in the same month and on the same day of the next relevant year; however, if there is no such day in the corresponding next month, the term expires on the last day of this month. 12 bis. Terms specified in 2 months if the term is specified in one month or a certain number of months, it is calculated from the day following the date of the relevant event and expires in the next relevant month and on the same day of the month and day of the occurrence of this event, however, if there is no such day in this relevant next month, the term expires on the last day of this month. 12 bis. Terms specified in 3 days if the term is indicated by a certain number of days, it is calculated from the day following the date of the relevant event, and the date that is the date of the last count expires.

Regulation 13 publication of the International Bureau

12.2. form of publications any publication carried out by the International Bureau and referred to in the Treaty or this Manual shall be published in the monthly periodical edition of the International Bureau referred to in the Paris Convention for the protection of industrial property. 12.3. Content (A) at least in the first annual issue of the specified periodical publication, an updated list of international depositing bodies up to the date of issue of this issue must be published with data on each such body, the types of microorganisms deposited in them, as well as the amount of duty charged in these bodies. (b) the first issue of this periodical publishes detailed information on any facts that follow: (I) any withdrawal, termination or limitation of the status of the international depository authority and the measures taken in connection with this termination or restriction; (II) any extension of the list of accepted microorganisms referred to in regulation 3.3; (III) any termination of the activities of the international depositing authority, any refusal to accept certain types of microorganisms and the measures taken in connection with such termination or refusal; (IV) any changes in connection with the duty charged by the international depositing authorities; (V) any requirements and any amendments to them notified in accordance with regulation 6.3 (b).

Rule 14 delegation expenses

14.1. expenses cover the expenses of each delegation participating in any session of the Assembly, as well as any committee, working group or other meetings on issues related to the Union, are borne by the state or organization that appointed the delegation.

Rule 15 lack of quorum in the Assembly

15.1. voting by correspondence (A) in the case provided for in Article 10 (5) (b), the director-general shall send any decision of the Assembly (except for the decisions of the Assembly relating to its procedure) to the contracting states that were not represented at the time of making this decision and shall propose to them to vote or abstain in writing within three months from the date of this notification. (b) if, after the expiration of the specified period, the number of contracting states that voted or abstained in this way reaches the number of contracting states that did not reach the quorum at the time of making this decision, such a decision is valid if the required majority of votes are retained simultaneously.

Specialists:

Bagarova Zh.A.,

Zhumanazarova A. B.

The Republic Of Kazakhstan

President

Republic of Kazakhstan

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