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INDIA TO RATIFY BUDAPEST TREATY ON MICRO-ORGANISMS

New Delhi ~ July 20, 2001

India has decided to become a member of the Budapest Treaty on deposition of micro-organisms. The government has given its approval for the same. This will enable India to gain the advantage of depositing patentable micro- organisms within the country for the purpose of patent protection involving invention of micro-organisms. The instrument of Accession to the treaty would be signed and deposited with the Director General of World Intellectual Property Organisation (WIPO) in Geneva. This will also make India eligible for depositing patentable micro- organisms in recognised International Depository Authorities. One of the requirements of WIPO is to make provisions for patenting micro- organisms if these satisfy the criteria of patentability. The criteria are that these micro-organisms should be new and should have been created using inventive steps and should have industrial applications as well. The process of patenting these organisms involves the concept of depositing them as it is not possible to give its description in all its characteristics. The Government has also approved the recognition of microbial type culture collection centre as International Depository. The Institute of Microbial Technology Chandigarh will soon become an International Depository Institute after a WIPO team visits the facility and a gazette notification is issued.



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