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General Conditions for Requesting Samples
CellBank Australia does not advise requesting parties of the correct procedures to follow in order to make a valid request and does not supply copies of request forms in the case of requests requiring proof of entitlement. Such forms must be obtained from the relevant intellectual property office.
Notwithstanding any entitlement of third parties to receive samples under patent regulations or by written authorization of the depositor, CellBank Australia will withhold samples of potentially hazardous microorganisms until the requesting party has confirmed that they have the appropriate containment facilities to handle such organisms. When responding to requests from overseas, CellBank Australia assumes that the requesting party has met the import requirements of their own country, and the customer is responsible for provision of the relevant documentation to do so. Samples furnished by CellBank Australia are usually from preparations supplied by the depositor.
Requests from Interested Industrial Property Offices
As described in Rule 11.1, a request for the furnishing of samples of deposited microorganisms by Industrial Property (or Intellectual Property) Offices must be through the completion and submission to CellBank Australia of a mandatory “international form” Form BP/10.
Requests from or with the Authorization of the Depositor
A request for the furnishing of samples of deposited microorganisms by the depositor or on the authorization of the depositor must be through the completion and submission to CellBank Australia of a mandatory “international form” Form BP/11 (Rule 11.2ii).
Requests from Parties Legally Entitled
(i) Requests Requiring Industrial Property Office Certification
Requests under this category must be through the completion and submission to CellBank Australia of a mandatory “international form” Form BP/12 (Rule 11.3(a)).
(ii) Requests not Requiring Industrial Property Office Certification
Requests under this category must be through the completion and submission to CellBank Australia of a mandatory “international form” Form BP/13 (Rule 11.3(b)).
Common Procedures
Requests for the furnishing of samples must be in writing and must be through the completion of one of the forms described above (Rule 11.4(c)). The official language of Australia is English and all communications to CellBank Australia must be in English, with the following exceptions. Where a request for a sample is made by an industrial (or intellectual) property office whose official language is Russian or Spanish, the request may be made in Russian or Spanish. CellBank Australia will obtain a free translation through the International Bureau into English, but this will delay the CellBank Australia response time.
Procedures for Furnishing Samples
(i) Indications Provided by the IDA
When shipping the furnished sample, CellBank Australia will suitably label the container with the accession number given to the deposit and a copy of the receipt referred to in Rule 7 (Forms BP/4, BP/5 or BP/6). CellBank Australia will also provide an indication of any properties of the microorganism that are or may be dangerous to health or the environment and the conditions which CellBank Australia cultivates and stores the microorganism.
(ii) Notification of the Depositor
CellBank Australia, having furnished a sample to any interested party other than the depositor shall promptly notify the depositor in writing (Form BP/14) of:
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the date on which the said sample was furnished
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the name and address of the industrial (intellectual) property office, of the authorized party, of the certified party or of the requesting party, to whom or to which the sample was furnished.
The notification shall be accompanied by a copy of the request, of any declarations submitted under Rules 11.1 or 11.2(ii) in connection with the request, and of any forms or requests bearing the signature of the requesting party in accordance with Rule 11.3. CellBank Australia will recognise a depositor's right to waive this right.
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