THE BUDAPEST TREATY:
CODE OF PRACTICE FOR IDAs

OBLIGATIONS OF THE IDA

ACCORDING TO THE BUDAPEST TREATY

In respect of each culture of a mo deposited with it (or transferred to it) the International Depositary Authority shall:

2.1. accept the mo when all requirements referred to in 1.1., 1.2. and 1.3. are complied with ^(e) (rule 6.4.).
The IDA shall refuse to accept the mo where ^(f):

• the mo is not of a kind of mo to which assurances furnished under rule 3.1.(b)(iii) or 3.3. extend
• the properties of the mo are so exceptional that the IDA is technically not in a position to perform the tasks prescribed by the BT and the Regulations
• when the deposited mo is received in a condition which clearly indicates that the mo is missing or which for scientific reasons precludes acceptance of the mo

• the name and address of the IDA
• the name and address of the depositor
• the date of the original deposit ^(h)
• the identification reference (number, symbols, etc.) given by the depositor to the mo
• the accession number given by the IDA to the deposit
• where the written statement (cf. 1.2.) contains the scientific description and/or proposed taxonomic designation of the mo ^(c), a reference to that fact

• promptly after any deposit or any transfer
• at reasonable intervals, depending on the kind of mo and its possible storage conditions, or at any time, if necessary for technical reasons
• at any time, on the request of the depositor

2.6. issue a statement concerning the viability of the deposited mo (rule 10.2.). This viability statement ^(j) shall indicate whether the mo is or is no longer viable and shall contain:

• the name and address of the IDA
• the name and address of the depositor
• the date of the original deposit or, where a new deposit or a transfer has been made, the most recent of the dates of the new deposit or the transfer
• the accession number given by the IDA
• the date of the test to which it refers
• the information on the conditions under which the viability test has been performed, if the results of the tests were negative and if requested by the party to which the viability statement is issued

This viability statement shall be established on an 'international form BP/9' and shall bear the signature of the person(s) authorized to represent the IDA or that of any other official of that IDA duly authorized by the said person(s) ^(g).

• the depositor, promptly after any deposit or any transfer
• the depositor, on his request, at any time after the deposit or transfer
• any industrial property office, other authority, natural person or legal entity, other than the depositor, to whom or to which samples of the deposited mo were furnished in conformity with rule 11, on his or its request, together with or at any time after such furnishing of samples

• to interested industrial property offices (rule 11.1.)
• to the depositor or to third parties with the written authorization of the depositor ('authorized parties') (rule 11.2.)
• to parties legally entitled ('certified parties' or 'requesting parties') (rule 11.3.)

2.8. Notify the depositor of (rule 11.4.):

• the fact that a sample is furnished to any interested party other than the depositor
• the date on which this sample was furnished
• the name and address of the industrial property office, the authorised party, the certified party or the requesting party, to whom or to which the sample was furnished

This notification shall be accompanied by a copy of the pertinent request, of any declarations submitted under rules 11.1. or 11.2.(ii) in connection with the said request, and of any forms or requests bearing the signature of the requesting party in accordance with rule 11.3.