[Ip-health] Update on Novartis Hearing, 29.1.07

[chan park]

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[ Picked text/plain from multipart/alternative ]
  Update 4 pm IST Novartis case

  The Novartis matter before the Madras High Court in Chennai adjourned tod=
ay until 15 February for final hearing on all issues, i.e., the challenge t=
o 3(d) of the Patent Act,,as well as the challenge to the Patent Controller=
=92s order on the merits. The reason being, Novartis wanted to place the Ma=
shelkar committee report on record, whch they did only today, and upon whic=
h the counsel for the government of India wanted to seek instructions from =
government as to its response.
  As the order of the patent controller is appealable under the Indian Pate=
nt Act, Novartis AG sought to convert the writ petition into an appeal, whi=
ch was opposed by some of the respondents, as also the Government of India.=
 The issue of whether it can be converted into an appeal, and whether it is=
 within the statutory time limits will be agitated as a preliminary issue o=
n the 15th.
  Orders were also passed on the application of the Indian Pharmaceutical A=
lliance and Indian generic manufacturer, Sun Pharma, to implead them as res=
pondents in the petition challenging 3(d) filed by Novartis AG.
  Novartis AG also made it clear that their challenge was two fold: namely,=
 that 3(d) of the Indian Patent Act was not compliant with TRIPS, and on th=
e ground that it violates Article 14 of the Indian Constitution, promoting =
equality and prohibiting discrimination and arbitrary state statute.
  On the issue whether the pleadings were sufficient to make out a claim fo=
r Article 14, counsel for Novartis contended that it was sufficiently made =
out in their rejoinder, and that they would stick by that.
  Counsel for Novartis also made it clear that they would be dropping the A=
rticle 19(1)(g) challenge, which was based on an alleged violation to pract=
ice one=92s business.
  We will resume the update when the case resumes.
  In solidarity,
  The Lawyers Collective HIV/AIDS Network Team
  Anand Grover
  Chan Park
  Julie George
  Prafulla


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