Viability Statement. (a) The international depositary authority shall issue a statement concerning the viability of the deposited microorganism: (i) to the depositor, promptly after any deposit referred to in Rule 6 or any transfer referred to in Rule 5.1; (ii) to the depositor, on his request, at any time after the deposit or transfer; (iii) to any industrial property office, other authority, natural person or legal entity, other than the depositor, to whom or to which samples of the deposited micoorganism were furnished in conformity with Rule 11, on his or its request, together with or at any time after such furnishing of samples. (b) The viability statement shall indicate whether the microorganism is or is no longer viable and shall contain: (i) the name and address of the international depositary authority issuing it; (ii) the name and address of the depositor; (iii) the date referred to in Rule 7.3 (iii) or, where a new deposit or a transfer has been made, the most recent of the dates referred to in Rule 7.4 (iii) and 7.5 (iii); (iv) the accession number given by the said authority; (v) the date of the test to which it refers; (vi) information on the conditions under which the viability test has been performed, provided that the said information has been requested by the party to which the viability statement is issued and that the results of the test were negative. (c) In the cases of paragraph (a) (ii) and (iii), the viability statement shall refer to the most recent viability test. (d) As to form, languages and signature, Rule 7.2 shall apply, mutatis mutandis, to the viability statement. (e) In the case of paragraph (a) (i) or where the request is made by an industrial property office, the issuance of the viability statement shall be free of charge. Any fee payable under Rule 12.1 (a) (iii) in respect of any other viability statement shall be chargeable to the party requesting the statement and shall be paid before or at the time of making the request.
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Viability Statement. (a) The international depositary authority shall issue a statement concerning the viability of the deposited microorganism:
(i) to the depositor, promptly after any deposit referred to in Rule 6 or any transfer referred to in Rule 5.1;
(ii) to the depositor, on his request, at any time after the deposit or transfer;
(iii) to any industrial property office, other authority, natural person or legal entity, other than the depositor, to whom or to which samples of the deposited micoorganism microorganism were furnished in conformity with Rule 11, on his or its request, together with or at any time after such furnishing of samples.
(b) The viability statement shall indicate whether the microorganism is or is no longer viable and shall contain:
(i) the name and address of the international depositary authority issuing it;
(ii) the name and address of the depositor;
(iii) the date referred to in Rule 7.3 (iii7.3(iii) or, where a new deposit or a transfer has been made, the most recent of the dates referred to in Rule 7.4 (iiiRules 7.4(iii) and 7.5 (iii7.5(iii);
(iv) the accession number given by the said authority;
(v) the date of the test to which it refers;
(vi) information on the conditions under which the viability test has been performed, provided that the said information has been requested by the party to which the viability statement is issued and that the results of the test were negative.
(c) In the cases of paragraph (a) (iia)(ii) and (iii), the viability statement shall refer to the most recent viability test.
(d) As to form, languages and signature, Rule 7.2 shall apply, mutatis mutandis, to the viability statement.
(e) In the case of paragraph (a) (i) or where the request is made by an industrial property office, the issuance of the viability statement shall be free of charge. Any fee payable under Rule 12.1 (a) (iii) in respect of any other viability statement shall be chargeable to the party requesting the statement and shall be paid before or at the time of making the request.
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