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Welcome to the NCMR !


From April 2017,
MCC is now National Centre for Microbiol Resources (NCMR)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

International Depositary Authority (IDA)

Deposit under The Budapest Treaty on International Recognition of Deposit of Microorganisms for the Purposes of Patent procedure

Microorganisms deposited in an IDA fulfil the requirement of deposit for the purposes of patent procedures in all states signatory to the Budapest Treaty. As of now there are 73 states who signed the Budapest Treaty and there are 39 IDAs in 22 countries in the world.  NCMR is the second IDA in India. All IDAs operate as per Rules and Regulations of the Budapest Treaty. Advantage of deposit of microorganisms in an IDA is that almost similar forms are used and uniform procedures are followed in dealing with such deposits. Confidentiality and security of such deposits are maintained by NCMR. These microorganisms are not listed in NCMR catalogue (printed or electronic). NCMR is obliged to keep cultures deposited under IDA for the period of 30 years from the date of deposit. NCMR will be happy to provide advice to the depositors on matters related to such deposits. Detailed guidelines for a depositor are available at WIPO website.  Please contact the curator well in advance before sending cultures for deposit in an IDA. Some important points are given below:

Requirements for Deposit

Kinds of Microorganisms that May Be Deposited

The NCMR will at present accept bacteria, fungi, yeasts and plasmids in a host and/or as isolated DNA preparations belonging to Hazards Group 1 and 2 as per classification of the Indian Authority.
Genetically manipulated microorganisms and isolated DNA will be accepted if they can be processed in BSL-1 or BSL-2 facility or conform to Group 1 or 2 organisms.
The NCMR reserves the right to refuse to accept a deposit if, in its view, the deposit may be an unacceptable hazard or the NCMR may not be in a position to process it.  Deposit of bacteria and fungi pathogenic to plants and animals will be accepted from other countries only if cleared by the appropriate authority in India.
The deposited material will generally be preserved by freeze-drying or storage in liquid nitrogen or by other method(s) of long-term preservation.

Technical Requirements and Procedure

Form and Quantity

Materials for deposit should be pure (uncontaminated) and should be sent in the following form:
Bacteria and fungi (including yeasts): two active cultures on slants/stabs
Plasmids 5 x 20 micrograms of isolated and purified DNA preparations.
Suitable host of the plasmid and the host harbouring the plasmid also needs to be deposited in active form (2 slants). The deposit should be accompanied by appropriate forms duly completed by the depositor. These forms can be obtained from the NCMR. Separate forms need to be used for bacteria, fungi (including yeasts) and plasmids.
A fee for storage (Rule 12.1(a) (I) of the Regulations under the Budapest Treaty) must be paid for each deposit.

Time Required for Viability Testing

The NCMR will test viability as quickly as possible. Since growth rate of microorganisms vary the time required for viability testing for different microorganisms may accordingly vary. The average time that will be required for viability testing is indicated below:
Bacteria, yeast and plasmids           4 days to 4 weeks*
Fungi                                                7 days to 4 weeks*

*Depends on the growth rate of the culture.

Depositor Checks and Renewal of Stocks

The NCMR may prepare, as and when it finds necessary, new batch(es) of glycerol stocks, lyophilized and frozen (in liquid nitrogen) culture by subculturing available  materials. The NCMR will send samples of the new batch and the depositor is required to check and confirm authenticity of the preserved materials.

Administrative Requirements and Procedures

General

Language. The language of communication of the NCMR and of the forms will be English. Communication in Hindi is also acceptable. However, in case of any dispute, the English version will prevail.

Contract.  NCMR does not enter into any written contract with the depositor defining  the liabilities of either party, but by signing the NCMR deposit  form the depositor accepts general terms and conditions and surrenders any right to withdraw his deposit during the required storage period. He also accepts that the organism will be distributed according to the relevant patent requirement.
Import and/or Quarantine Regulations. Cultures of microorganisms from outside India may require import clearance and/or be subjected to quarantine regulations. The depositor from outside India should communicate with the NCMR regarding such deposits before dispatching cultures.

Making the Original Deposit

Requirements to Be Met by the Depositor. A depositor will be required to send a complete BP/1 form which is the accession for a deposit under the Budapest Treaty. For amendments to the scientific description or taxonomic designation a depositor will be required to send a completed BP/7 form.
Official Notifications to the Depositor. The receipt and viability statement will be issued in English on the mandatory “international forms” BP/4 and BP/9, respectively. The attestation of receipt of an amendment to the scientific description or taxonomic designation will be issued on BP/8 form. The notification of furnishing a sample to third parties will be issued on BP/14 form.
Unofficial Notifications to the Depositor. If requested, the NCMR may communicate the date of deposit and accession number before the official receipt is issued only after the viability test is completed and a positive result is obtained.
Supply of Information to a Patent Agent. If required by the depositor, the NCMR will send copies of the receipt and viability statement to both the depositor and his/her patent agent.


Furnishing of Sample

  1. Requests for Samples

The NCMR will follow procedure as provisions of the Budapest Treaty for furnishing samples to third parties. For proof of entitlement BP/12 form and for request BP/13 form will be used in furnishing samples. For hazardous microorganisms the requesting party has to provide evidence that proper facility for handling such microorganisms is available and he/she has the requisite permission to work on such organisms.
A requesting party from outside India also has to provide an import permit if it is required for that country.
The NCMR will furnish samples prepared by it from the deposited sample(s).

  1. Notification of the Depositor

A depositor will be notified on BP/14 form when samples of their deposit have been furnished to third parties.

  1. Cataloguing of Budapest Treaty Deposits

Materials deposited under the Budapest Treaty will not be published in the NCMR catalogue (printed or electronic) or displayed on the internet.

Schedule of Fees *

(Bacteria, fungi, yeast and plasmids
Belonging to Hazard Group 1 and 2 only)

Indian Rupees

 

(a) Storage under rule 12.1 (a)(i)

 

20,000

 

(b) Conversion of deposit

 

20,000

 

(c) Extension of duration of storage beyond that provided by Rule 9 (per year)

 

2,000

 

(d) Issue of viability statement on the basis of test

 

3,000

 

(e) Issue of viability statement on the basis of last viability test

 

1,000

 

(f) Furnishing of samples

 

3,000

 

(g) Communication of information under Rule 7.6

 

1,000

 

(h) Attestation referred to in Rule 8.2

 

1,000

 

 

Service Tax @ 14.5 % extra as applicable. The rate may vary from time to time with the notifications by the Government of India.

 

STEPS INVOLVED IN THE DEPOSIT in IDA under the Budapest Treaty

  1. Prospective depositor contacts NCMR by email/post about the acceptability of the culture(s) before sending.
  2. Once NCMR agrees to accept the microorganism(s) it sends Form BP/1 (for original deposit) by email or by post. The depositor sends the culture(s) along with the properly completed Form BP/1 and the required fee.
  3. Proper care should be taken in packing the culture tubes (slant or stab) so that they are not damaged during transit. This is necessary to ensure safety of persons who may come in contact of the material. Culture tubes received in damaged condition are not processed by NCMR.
  4. The cultures are processed (usually within two working days) for checking viability and purity. While it takes around 8-10 weeks for the complete process. However complete process time also depends on the growth rate of the culture.
  5. If the culture is not pure or non-viable, the depositor is informed immediately.
  6. Pure and viable cultures are assigned an accession number by NCMR and preserved in glycerol at -70 °C, in liquid nitrogen and/or by freeze-drying.
  7. NCMR may at this stage send on request from the depositor an unofficial notification about NCMR accession number.
  8. Two ampoules of freezedried cultures are sent to the depositor. The depositor opens one ampoule and checks if the preserved material represents the original deposit. He/She sends depositor’s confirmation form.

NCMR accession number, the receipt and viability statement will be officially issued in English on the mandatory “international forms” BP/4 and BP/9, respectively.