The Hindu Business Line : Novartis case: Stage set for order on IPAB appointment

Mumbai, July 11 With arguments regarding the appointment of Mr S. Chandrasekaran, former Controller-General of Patents, as a technical member on the Intellectual Property Appellate Board (IPAB) having been completed on Tuesday, the stage is now set for an order on the issue.

The IPAB is looking into the rejection of Novartis’ patent application on its cancer drug Glivec. Novartis had objected to the appointment of the former patent controller on the IPAB, as he had been the head of the Indian Patent Office when it rejected Novartis’ patent application in January 2006.

Other domestic drug-makers like Natco, Cipla, Hetero and Ranbaxy, besides patient organisations like the Cancer Patients Aid Association, had opposed Novartis’ patent application at the Patent Controller’s office. They were also respondents to the case filed by Novartis at the Madras High Court, against the rejection of its application. This case, however, was transferred to the recently created IPAB in April, following a notification from the Centre.

Novartis points out that its cancer drug, Glivec, has been granted patent in nearly 40 countries, including China, Russia and Taiwan.The company-run patient access programme supports more than 7,400 patients in India by providing Glivec free of charge to those patients who cannot afford treatment, a note from the company said.

Meanwhile, a judgment is also awaited at the Madras High Court on another case that Novartis is fighting, that is, on certain constitutional provisions in the Indian patent law; closing arguments ended in early April. In this case, Novartis had raised the issue of incremental innovation and whether it was patentable. Section 3(d) of the Indian Patent Act excludes important developments in the form of incremental innovation, the company said.

More Stories on : Corporate Disputes | IPR | Pharmaceuticals

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