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P.T. Jyothi Datta

Mumbai April 4 The Novartis case contesting the rejection of its patent application on cancer drug Glivec is in a delicate situation following the appointment of an Intellectual Property Appellate Board (IPAB) in Chennai.

The IPAB was set up following a recent notification from the Centre and subsequent clarification on the cases that would be transferred from the High Courts to the IPAB.

As a result, the Madras High Court on Wednesday transferred the Novartis appeal to the IPAB. But what has worried the Swiss drug-maker is the composition of the IPAB. It would comprise, among others, Mr Chandrasekaran, the Controller General of Patents.

"The newly appointed technical member of the appellate board is the former Controller General of the Indian Patent Office, who was responsible for the original decision on the Glivec patent in 2006 and is a party to the current case," a Novartis spokesperson said, expressing the company's concern on the new development.

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