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Paragraph 4 New deposits

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the depositary institution with which a deposit or a new deposit of a culture has been made under this Schedule—

(a)

notifies the applicant or proprietor that it—

(i)

cannot satisfy a request made in accordance with paragraph 2(1) or 3(3) above, or

(ii)

is not able lawfully, to satisfy such a request, for the culture to be made available;

(b)

ceases temporarily or permanently to carry out the functions of a depositary institution; or

(c)

ceases for any reason to conduct its activities as a depositary institution in an objective and impartial manner,

subject to subparagraph (3) below, the applicant or proprietor may, unless the culture has been transferred to another depositary institution which is able to make it available, make a new deposit of a culture of that micro-organism.

(2)

For the purposes of paragraph 1 above and of this paragraph, the deposit shall be treated as always having been available if, within three months of the receipt of such notification or of the depositary institution ceasing to perform the functions of a depositary institution or to conduct its activities as such an institution in an objective and impartial manner, the applicant or proprietor,—

(a)

in a case where the deposit has not already been transferred, makes the new deposit;

(b)

furnishes to the depositary institution with which the new deposit is made a declaration that the culture so deposited is of the same micro-organism as was the culture originally deposited; and

(c)

requests amendment of the specification under section 19 or section 27, as the case may be, so as to indicate the accession number of the transferred or new deposit and, where applicable, the name of the depositary institution with which the deposit has been made.

(3)

The new deposit referred to in subparagraph (1) above—

(a)

shall, save as provided in subparagraph (b) below, be made with the same depositary institution as was the original deposit; or

(b)

in the cases referred to in subparagraphs (1)(a)(ii), (b) and (c) above, shall be made with another depositary institution which is able to satisfy the request.