Rule 4 Verdrag van Boedapest inzake de internationale erkenning van het depot van micro-organismen ten dienste van de octrooiverlening
4.1 Request; Processing of Request
(a) The request referred to in Article 8 (1) (a) shall be addressed to the Director General as provided in Rule 3.1 (a).
(b) The request shall:
(i) indicate the name and address of the international depositary authority concerned;
(ii) where it relates only to certain kinds of microorganisms, specify such kinds;
(iii) indicate in detail the facts on which it is based.
(c) If the request complies with paragraphs (a) and (b), it shall be promptly notified by the Director General to all Contracting States and intergovernmental industrial property organizations.
(d) Subject to paragraph (e), the Assembly shall consider the request not earlier than six and not later than eight months from the notification of the request.
(e) Where, in the opinion of the Director General, respect of the time limit provided for in paragraph (d) could endanger the interests of actual or potential depositors, he may convene the Assembly for a date earlier than the date of the expiration of the six-month period provided for in paragraph (d).
(f) If the Assembly decides to terminate, or to limit to certain kinds of microorganisms, the status of international depositary authority, the said decision shall become effective three months after the date on which it was made.
4.2 Communication; Effective Date; Processing of Communication
(a) The communication referred to in Article 8 (2) (a) shall be addressed to the Director General as provided in Rule 3.1 (a).
(b) The communication shall:
(i) indicate the name and address of the international depositary authority concerned:
(ii) where it relates only to certain kinds of microorganisms, specify such kinds;
(iii) where the Contracting State or intergovernmental industrial property organization making the communication desires that the effects provided for in Article 8 (2) (b) take place on a date later than at the expiration of three months from the date of the communication, indicate that later date.
(c) Where paragraph (b) (iii) applies, the effects provided for in Article 8 (2) (b) shall take place on the date indicated under that paragraph in the communication; otherwise, they shall take place at the expiration of three months from the date of the communication.
(d) The Director General shall promptly notify all Contracting States and intergovernmental industrial property organizations of any communication received under Article 8 (2) and of its effective date under paragraph (c). A corresponding notice shall be promptly published by the International Bureau.
4.3 Consequences for Deposits
In the case of a termination or limitation of the status of international depositary authority under Articles 8 (1), 8 (2), 9 (4) or 17 (4), Rule 5.1 shall apply, mutatis mutandis.
- Regeling
- Verdrag van Boedapest inzake de internationale erkenning van het depot van micro-organismen ten dienste van de octrooiverlening
- Soort
- Verdrag
- Geldend vanaf
- 01-01-2023
- BWB-id
- BWBV0004052
- Versie
- 2023-01-01_0