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While the Budapest Treaty and its Regulations constitute
a sound basis for delimiting the duties and responsibilities of culture collections
with IDA status, explicit solutions for all circumstances are not always formulated.
The Budapest Treaty is open to interpretation and each IDA can maintain its own procedures.
With a view to harmonizing the way IDAs resolve certain issues the European Culture
Collections’ Organization (ECCO) has mandated, in 1995, the BCCMTM to compile an
inventory of the procedures applied by IDAs. Ultimately, this coordination is
advantageous for depositors, and it confirms the intent of the BT to harmonize the
requirements for patent deposits.
The resulting ‘Code of Practice for IDAs’ summarizes the points on which a
minimal consensus exists among IDAs and provides practical guidelines for dealing
with unclear cases or situations in the patent deposit procedure.
The purpose of this Code of Practice is not to deny the particular identity of policy
of any IDA. Each IDA may impose additional requirements in order to comply with internal
or national regulations.
It should be remarked that this Code of Practice is not final. It can always be updated,
clarified or extended if necessary.
TABLE OF CONTENTS
INTRODUCTION
OBLIGATIONS OF THE DEPOSITOR
OBLIGATIONS OF THE IDA
ANNEX 1
List of Participants of the ECCO-WORKSHOP, held in
Brussels BCCM (OSTC), February 12, 1996, on THE BUDAPEST TREATY
ANNEX 2
Working Group Coordinators for Collecting/Harmonizing the
Procedures and Criteria for Viability Testing of Microorganisms
ANNEX 3
List of Participants of the Workshop, held in Veldhoven,
August 29, 1996 on THE BUDAPEST TREATY: Opportunity for a CODE OF PRACTICE FOR IDAs?
ANNEX 4
List of IDAs who emphatically expressed their agreement
with the principles described in the Code of Practice for IDAs (situation on 28 April 1998).
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