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Related Regulations

Related Regulations

Regulations on Microorganism Deposit

The microorganism deposit of the Korean Collection for Type Cultures (KCTC) of the Korea Research Institute of Bioscience and Biotechnology (KRIBB) is performed by following the regulations on microorganism deposit according to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

Article 1 (Purpose)

The purpose of the present regulations is to regulate the deposit and distribution of microorganism deposit for the purposes of patent procedures using microorganisms.

Article 2 (Request of deposit)

With the exceptions described in Article 6, one who is supposed to deposit a microorganism (hereinafter called “a depositor”) or an agent thereof must submit the microorganism to be deposited and a request for deposit of Form 1 to the Director of the Korea Research Institute of Bioscience and Biotechnology (KRIBB).

Article 3 (Types of microorganisms)
  • ① A depositor must submit to the KRIBB a microorganism of the quantity corresponding to one of the following items.
    • 1. Strains including bacteria, Streptomyces, fungi, yeasts, or plasmid: 10
    • 2. Recombinant DNA, viruses, bacteriophage, micro-algae and protozoa, plant cell lines, animal cell lines, hybridoma, fertilized eggs of animals, eukaryotes, DNA, or RNA: 20
  • ② The microorganism should be submitted in a freeze-dried condition with the exception of microorganisms inappropriate for freeze-drying.
Article 4 (Rejection of deposit)
  • ① The Director of the KRIBB may reject deposit of microorganisms in cases corresponding to one of the following items.
    • 1. The microorganism to be deposited is not the kind of microorganisms defined by Article 3.
    • 2. The work procedures that should be conducted by the KRIBB according to the Patent Act may not be conducted for technical reasons because of the exceptional properties of the microorganism to be deposited.
    • 3. The microorganism is deposited in a clearly dead condition or in a condition that does not allow deposition for a scientific reason.
  • ② In cases where the deposition is rejected by the regulations of Article 1, the Director of the KRIBB shall notify the rejection with a reason for the rejection by sending to the depositor a written notification of rejection of deposition in Form 2.
Article 5 (Deposition of Microorganism)
  • ① The Director of the KRIBB should deposit any microorganisms requested to be deposited, except in cases corresponding to one of the following items.
    • 1. The requirements described in Article 3 are not satisfied.
    • 2. The method of deposition violates the present regulations.
    • 3. The deposition fee according to paragraph 1, Article 14 is not paid.
  • ② In cases where a request for deposition corresponds to one of the subparagraphs 1 to 3 of paragraph 1, the Director of the KRIBB shall notify the case to the depositor by sending a written notification and requiring the depositor to satisfy the requirements until a specifically appointed date.
  • ③ In cases where the depositor is required to supplement the deposition process according to the regulations of paragraph 2 making appropriate supplementation, the Director of the KRIBB must deposit the microorganism that is requested to be deposited.
Article 6 (Decision of Withdrawal)
  • ① The Director of the KRIBB may consider the withdrawal of deposition in cases where one who has been required to supplement a deposition process according to the regulations of Article 5, paragraph 2 fails to perform the supplementation within a specifically appointed period.
  • ② The Director of the KRIBB must notify the depositor the reason for deciding to withdraw the deposition.
Article 7 (Issuing of Deposition Certificate)

In cases where the microorganism is deposited by a deposition request, the Director of the KRIBB shall issue a deposition certificate of Form 3 to the depositor according to the Patent Act.

Article 8 (Re-deposit)
  • ① In cases where an abnormality is found with regard to a deposited microorganism, a deposited microorganism has died, or the Commissioner of the Korean Intellectual Property Office recognizes the need, the Director of the KRIBB must immediately record the reason for the case on a written request for microorganism deposit and notify the case to the depositor by using the written request for microorganism deposit of Form 4.
  • ② A depositor who has received the notification of the case must re-deposit the microorganism within a specifically appointed period from the day of receiving the notification by using a written microorganism re-deposit request of Form 5.
Article 9 (Distribution)
  • ① The Director of the KRIBB may distribution a deposited microorganism sample according to Article 4, paragraph 1 of the Enforcement Decree of the Patent Act by the request made by one of the following persons
    • 1. Commissioner of the Korean Intellectual Property Office.
    • 2. Depositor or a person who has acquired permission from the depositor
    • 3. A person who is qualified about the distribution of a microorganism sample according to the laws and regulations
  • ② The request according to Article 1 should be made by using a written distribution request of Form 6.
Article 10 (Rejection of Distribution)

In cases where a microorganism related to the request of Article 9, paragraph 9 is dangerous or is worried to be dangerous to the health or environment, or the one requesting is considered to be incapable of managing the microorganism, the Director of the KRIBB may reject the distribution of the microorganism.

Article 11 (Notification of Distribution)

The Director of the KRIBB shall notify the depositor by using the written notification of distribution of Form 7 the distribution of the microorganism deposited by the depositor according to the regulations of Article 9, paragraph 1.

Article 12 (Verification of Microorganism Survival)
  • ① To verify microorganism survival, the depositor may submit to the Director of the KRIBB the written survival test request of Form 8.
  • ② The Director of the KRIBB may ask the depositor to submit a recovering agent and a medium for verifying the microorganism.
  • ③ ④ The Director of the KRIBB may issue a certificate of survival of Form 9 after verifying the survival of the microorganism.
Article 13 (Recording of Scientific Properties and Taxonomical Position)
  • ① A depositor who has not recorded a written deposit may request the scientific properties and the taxonomical position of the deposited microorganism may record the information later.
  • ② A depositor may modify the scientific properties and the taxonomical position of the deposited microorganism that have already been recorded.
  • ③ The recording referred to in paragraph 1 and the modification referred to in paragraph 2 should be performed by using a written record of scientific properties and taxonomical position of Form 10.
  • ④ A depositor who has performed the recording referred to in paragraph 1 and the modification referred to in paragraph 2 may request a certificate about the recording and the modification by filling Form 10.
  • ⑤ The Director of the KRIBB may issue a certificate of Form 11 by the request referred to in paragraph 4.
Article 14 (Fee)
  • ① A person who corresponds to one of the following items should pay a predetermined fee:
    • 1. A person who submits a request for deposit or re-deposit according to Article 2 or Article 8.
    • 2. A person who requests the distribution of a sample according to the regulations referred to in Article 9, paragraph 1.
    • 3. A person who requests a Certificate of Survival according to the regulations referred to in Article 12, paragraph 1.
    • 4. A person who requests a certificate of the medication of scientific properties and taxonomical position according to the regulations referred to in Article 13, paragraph 4.
  • ② The regulations referred to in paragraph 1 are not applied to cases where the one who is obliged by the regulation to pay the fee is the Korean Intellectual Property Office.
  • ③ The fee should be paid by a single payment, and the fee that has already been paid shall not be refunded.
Article 15 (Disposal of Microorganism)

The microorganism that has been rejected to be deposited according to the regulations referred to in Article 4, paragraph 1, the microorganism whose deposit has been withdrawn according to the regulations referred to in Article 6, paragraph 1, or a deposited microorganism whose patent has been expired may be arbitrarily disposed by the KRIBB.

(etc) Article 16 (Others)
  • ① The name of a depositor may be modified by a report for changing the depositor’s name. A document that certifies the reason for changing the name should be submitted.
  • ② A depositor or an agent of the depositor should submit a report for changing records to modify the records.
Supplementary Rules
  • ① (Enforcement Date) These regulations shall be enforced from April 1, 2001.
  • ② (Interim Measure) The storage and deposit performed according to the previous regulations for the deposit and distribution of microorganisms for the purposes of patent procedure and the enforcement methods thereof prior to the effective date of the present regulations shall be considered as effective actions taken according to the present regulations.
  • ③ (Abolishment) The previous regulations for the deposit and distribution of microorganisms for the purposes of patent procedure shall be abolished at the same time when the present regulations are enforced.