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(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.