Click Here & Upgrade PDF Complete Expanded Features Unlimited Pages Documents (6) (a) The Registrar shall not make the certification referred to in subregulation (5) unless the Registrar has received a request on Form P24 as set out in Schedule 2. (b) The request shall contain an undertaking from the requesting party vis-à-vis the patentee that the requesting party shall not make the deposited culture, or any culture derived therefrom, available to any third party until the patent application has been abandoned or has lapsed, or until the patent ceases to have effect by way of expiration, revocation, voluntary surrender, or lapsing without the possibility of renewal in accordance with section 46 of the Act, as the case may be. (7) An undertaking given on Form P24 as set out in Schedule 2 in accordance with subregulation (6) shall not prevent the requesting party concerned from depositing with an international depositary authority a derived culture or the culture itself necessary for the purpose of complying with section 32 (6) of the Act. (8) For the purpose of subregulation (6) or (7), a derived culture shall be deemed to be any culture of the micro-organism which exhibits those characteristics of the deposited culture which are essential to the carrying out of the invention described in the complete specification in which reference is made to the deposited culture. (9) Where the patentee is notified­ (a) by the international depositary authority with which the culture of the micro­ organism has been deposited that the depositary institution is unable, for any reason, to furnish samples of the culture; or (b) in writing by a requesting party that the depositary institution with which the culture of the micro-organism has been deposited is unable, for any reason, to satisfy a valid request by the requesting party for the furnishing of a sample of the culture, and, if a culture of the micro-organism has not been transferred to or deposited with another international depositary authority from which samples of the culture can be furnished, the patentee shall, within a period of six months from the date on which he was so notified­ (i) make a new deposit of a culture of the micro-organism with the international depositary authority with which the original deposit was made; (ii) furnish to the international depositary authority with which the new deposit is made a statement alleging that the newly deposited culture is the same as that originally deposited; and (iii) apply to substitute, in the complete specification of the patent, in accordance with section 50 (1) (b) of the Act, the accession number given to the new deposit and, where applicable, the name of the international depositary authority with which the new deposit has been made. (10) Where the patentee has been notified in terms of subregulation (9) by a requesting party, the patentee shall, within two months of complying with subregulation (9) (i) to (iii), inform the requesting party of the accession number of the new deposit and, where applicable, the name of the international depositary authority with which the new deposit has been made.