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

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Treaty Code:

M1977-25

Treaty Type:

Multilateral

Common Name:

Budapest Treaty

Responsible Department:

Business Innovation and Employment

Administering Department:

Business Innovation and Employment

Treaty Status:

In Force

Treaty Summary:

  1. The Budapest treaty provides an internationally harmonised regime for the recognition of micro-organism deposits where such deposits are required by Contracting Parties’ patent legislation.  The New Zealand Patents Act 2013 requires micro-organism deposits.

  2. The main obligation imposed on Contracting Parties by the Budapest Treaty is that they recognise, for the purposes of patent procedure, the deposit of micro-organisms in ‘International Depositary Authorities’ (IDAs) established under the Treaty.  There is no obligation for Contracting Parties to establish an IDA on their Territory.

  3. The Budapest treaty was concluded on 28 April 1977 and entered into force on 19 August 1980. 

  4. Accession will not require any amendments to the relevant legislation (the Patents Act 2013). 

  5. New Zealand has acceded to the Budapest Treaty, and it entered into force three months after the date of the deposit of the instrument of accession.

 

NZ Adherence Status:

In Force

Adherence Type:

Acceded to

Signature Date:

06/12/2018

Adherence Date:

17/12/2018

Expired:

No

Date Concluded:

28/04/1977

Place Concluded:

Budapest

Entry Into Force Date:

19/08/1980

NZ Entry Into Force Date:

17/03/2019

Termination Date:

Withdrawal Date:

Withdrawal Notification Date:

NZ Objections:

No

NZ Reservations:

No

NZ Declarations:

No

NZ Territorial Applications:

None

NZTS Number:

UNTS Number:

Associated Treaties:

Other References:

Parties:

Contact Information:

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