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

[Jean Blaylock]

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Patent board reserves verdict on Novartis plea

BS Reporter / Chennai July 11, 2007
http://www.business-standard.com/common/storypage.php?autono=3D290733&leftn=
m=3D1&subLeft=3D0&chkFlg=3D


The Indian Patent Appellate Board (IPAB) on Tuesday reserved judgement on N=
ovartis=92 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=92s move to not allow patent pr=
otection 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 wh=
en the company=92s original application for Glivec was rejected.

Chandrasekhar joined IPAB a few months ago, following his retirement from t=
he IP office.

Arguing on behalf of Novartis, senior counsels Shanthi Bhusan and Habibulla=
h Basha submitted that the technical cell could have one more technical mem=
ber in addition to Chandrasekhar or the tribunal could ask the government t=
o 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 a=
nd Controller General of Patents before the tribunal, defended the appointm=
ent 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 Cou=
rt to transfer one of the cases =96 on the decision of the Chennai patent o=
ffice to reject the Glivec patent =96 to IPAB.




--------------------------------------
Jean Blaylock
Trade Campaign Officer
- Ecumenical Advocacy Alliance
- Alliance oecum=E9nique agir ensemble
- Alianza Ecum=E9nica de Acci=F3n Mundial
- Globales =D6kumenisches Aktionsb=FCndnis
+41 (0)22 791 6080
jblaylock@e-alliance.ch
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