Paragraph 1 Introductory

In this Schedule—

• “authorisation certificate” means a certificate issued by the comptroller authorising a depositary institution to make available a sample of biological material;

• “Budapest Treaty” means the Treaty on the International Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure signed at Budapest on 28thApril 1977, as amended on 26th September 1980, and includes references to the regulations made under that Treaty;

• “depositary institution” means an institution which—

  1. (a)

     carries out the functions of receiving, accepting and storing biological material and the furnishing of samples of such biological material (whether generally or of a specific type); and

  2. (b)

     conducts its affairs, in so far as they relate to the carrying out of those functions, in an objective and impartial manner;

• “expert” means independent expert;

• “first requirement” means the first requirement in paragraph 3;

• “international depositary authority” means a depositary institution which has acquired the status of international depositary authority as provided in the Budapest Treaty; and

• “second requirement” means the second requirement in paragraph 3.