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(1). In order to qualify for the status of international depositary authority, any depositary institution must be located on the territory of a Contracting State and must benefit from assurances furnished by that State to the effect that the said institution complies and will continue to comply with the requirements specified in paragraph (2). The said assurances may be furnished also by an intergovernmental industrial property organization; in that case, the depositary institution must be located on the territory of a State member of the said organization.
(2). The depositary institution must, in its capacity of international depositary authority:
i) have a continuous existence;
(ii) have the necessary staff and facilities, as prescribed in the Regulations, to perform its scientific and administrative tasks under this Treaty;
(iii) be impartial and objective;
(iv) be available, for the purposes of deposit, to any depositor under the same conditions;
(v) accept for deposit any or certain kinds of microorganisms, examine their viability and store them, as prescribed in the Regulations;
(vi) issue a receipt to the depositor, and any required viability statement, as prescribed in the Regulations;
(vii) comply, in respect of the deposited microorganisms, with the requirement of secrecy, as prescribed in the Regulations;
(viii) furnish samples of any deposited microorganism under the conditions and in conformity with the procedure prescribed in the Regulations.
(3). The Regulations shall provide the measures to be taken:
(i) where an international depositary authority discontinues, temporarily or definitively, the performance of its functions in respect of deposited microorganisms or refuses to accept any of the kinds of microorganisms which it should accept under the assurances furnished;
(ii) in case of the termination or limitation of the status of international depositary authority of an international depositary authority.