Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

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United Kingdom

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.

United Kingdom

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.
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