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Download XMLBudapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Colombia | Yes | No |
| New Zealand | Yes | No |
| OAPI (African Intellectual Property Organisation) | Yes | No |
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.
New Zealand
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 (African Intellectual Property Organisation)
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.