Commonwealth Consolidated Regulations

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Request for Commissioner's certification authorising release of sample of a micro - organism

  (1)   If a micro - organism is deposited with a prescribed depositary institution, a person may request the Commissioner to grant the certification referred to in Rule   11.3(a) of the Budapest Treaty in respect of the deposit.

  (2)   The request:

  (a)   must be in the approved form; and

  (b)   must relate to a micro - organism:

  (i)   that is the subject of a patent application or patent; or

  (ii)   the use, modification or cultivation of which is the subject of a patent application or patent; and

  (c)   may nominate another person as a skilled addressee.

  (3)   Before making a decision under regulation   3.25B (including a decision about imposing conditions under regulation   3.25G), the Commissioner must:

  (a)   by notification to each person mentioned in subregulation   (4) , invite the person to make, within a reasonable time specified in the notification , a submission about the matter; and

  (b)   if a person mentioned in subregulation   (4) makes a submission within the time specified in the notification --take the submission into account.

  (4)   For subregulation   (3), the persons are as follows:

  (a)   the person who made the request;

  (b)   the applicant or patentee;

  (c)   any other person who apparently has an interest in the request.

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