The Madras High Court, agreeing to a Novartis appeal, said it would consider the removal of S Chandrasekaran as a technical member of Intellectual Property Appellate Board.
HC to consider keeping away IPAB’s Chandrasekaran.Novartis has received minor consolation in its Glivec battle.
MUMBAI: The Madras High Court on Monday, agreeing to a Novartis appeal, said it would consider the removal of S Chandrasekaran as a technical member of Intellectual Property Appellate Board (IPAB), according to a release Novartis issued on Monday.
“The court has invited written comments from both sides and will reconvene on October 22 to make a final decision,” Novartis said.
Chandrasekaran was responsible for the original rejection of the Glivec patent in India. So Novartis believes he “cannot act as an impartial member” of the appellate board.
Ranjit Shahani, vice chairman and managing director, Novartis India, said, “This is a step in the positive direction.”
The Department of Industrial Policy and Promotion, under ministry of commerce and industries, has suggested that the Madras High Court adopt a revised approach in hearing the case.
Ramesh Kumar, a lawyer representing pharmaceuticals firm Cipla, said, “The court agreed to the commerce ministry’s suggestion and said if all parties agree, the chairman and vice chairman will hear the case without the presence of Chandrasekaran.”
The parties in the case involve Novartis, IPAB and a clutch of domestic companies (Cipla, Hetero, Natco and Ranbaxy) opposing the Glivec patent in India.
Due to a recent Delhi High Court decision against Chandrasekaran, Novartis was optimistic that the high court in Chennai will positively review its appeal.
In a case involving Magotteaux International, the Delhi High Court had ruled that Chandrasekaran cannot be a technical member on IPAB as he has earlier dealt with the matter under appeal.
This is the second case Novartis is fighting with domestic pharmaceutical companies to defend its patent on the cancer-fighting drug Glivec.
The legal battle started after Indian Patent Office did not grant Novartis a patent for the anti-cancer drug as the government department found that it failed to fulfill the required conditions.
On August 6 this year, Novartis lost the other case where it challenged the constitution of Indian Patent Act.
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