[Ip-health] Patent board reserves verdict on Novartis plea

[Prabhu Ram]

Patent board reserves verdict on Novartis plea
BS Reporter / Chennai July 11, 2007

The Indian Patent Appellate Board (IPAB) on Tuesday reserved judgement
on Novartis' appeal challenging the appointment of former Controller
General of Patents S Chandrasekhar as a technical member of IPAB,
which is hearing its appeal against the Indian patent office's move to
not allow patent protection to its anti-cancer drug Glivec in India.

The Swiss pharma major had objected to the composition of the IPAB
patents cell on the grounds that Chandrasekhar was Controller General
of Patents when the company's original application for Glivec was
rejected.

Chandrasekhar joined IPAB a few months ago, following his retirement
from the IP office.

Arguing on behalf of Novartis, senior counsels Shanthi Bhusan and
Habibullah Basha submitted that the technical cell could have one more
technical member in addition to Chandrasekhar or the tribunal could
ask the government to appoint another person.

The Patents Act allows only one judicial member and one technical
member at present.

Additional Solicitor General V T Gopalan, arguing on behalf of the
Centre and Controller General of Patents before the tribunal, defended
the appointment of Chandrasekhar as technical member of IPAB.

He contended that Novartis should have made its objection when the
case was shifted to the appellate board. Since it had failed to do
that, it was not right to raise the issue now, he added.

He argued that once a statutory order was passed, the tribunal should
start hearing the case without asking for appointing another person.

IPAB is hearing the patent case following a decision of the Madras
High Court to transfer one of the cases =96 on the decision of the
Chennai patent office to reject the Glivec patent =96 to IPAB.


http://www.business-standard.com/common/storypage.php?autono=3D290733&leftn=
m=3D1&subLeft=3D0&chkFlg=3D