The Hindu Business Line : Govt hearing on Glivec next week

Mumbai, July 2 The Government has filed a counter statement at the Intellectual Property Appellate Board (IPAB), in response to Novartis’ objection to the appointment of former Controller General of Patents on the board. The next hearing of this case is scheduled for July 10.

The IPAB is looking into the rejection of Novartis’ patent application on cancer drug Glivec and the Swiss drug-maker had objected to the appointment of Mr Chandrasekaran on the IPAB as a technical member, as he had been heading the Patent Controller’s office when the Glivec patent application had been rejected in early 2006.

Other parties to the case include the Cancer Patients Aid Association (CPAA) and drug companies Natco, Cipla, Ranbaxy and Hetero. Lawyers familiar with the case told Business Line that the CPAA took a neutral position, placing befor e the IPAB, the legal position of the case.

It is to be seen whether the former Patent Controller’s role in filing an affidavit in an official capacity indicates a pre-disposed mind, the lawyer said.

Natco is reported to have opposed Novartis’ objection to the appointment of the former Patent Controller on the IPAB, with Cipla too, expressing a similar view, said another lawyer following legal developments on the Glivec case.

Ranbaxy and Hetero, who are also party to the case, have left it to the IPAB to decide whether Mr Chandrasekaran can in fact be on the board looking into the Glivec case.

Novartis has another patent-related case on Glivec at the Madras High Court, where it had contested certain provisions made in the Indian Patent Law. A judgment is expected this month on this case as well.

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