MUMBAI: Novartis has moved the Madras High Court on Wednesday against the Intellectual Property Appellate Board’s (IPAB) decision in the Glivec case, in which the company is fighting the case to obtain a patent on its anti-cancer drug.
On July 20, IPAB shot down Novartis’ appeal to drop former controller general of the Indian Patent Office, S Chandrasekaran, as IPAB’s technical member for the Glivec case.
“We have filed a writ petition in the high court for a new technical member. We disagree with the appointment of Chandrasekaran in the IPAB,” Ranjit Shahani, vice- chairman and managing director, Novartis India Ltd.
As Chandrasekaran was responsible for the original rejection of the Glivec patent, Novartis believes that Chandrasekaran “cannot act as an impartial member” of the appellate board.
Novartis is optimistic about its appeal in the high court thanks to a recent Delhi High Court’s decision against Chandrasekaran.
In the case involving Magotteaux International, Delhi High Court said that Chandrasekaran cannot be a technical member on IPAB as he has earlier dealt with the matter under appeal.
“Though Novartis wants Chandrasekaran out of the case, it is difficult. In the earlier decision IPAB passed has mentioned that Chandrasekaran has to continue on the doctrine of necessity,” said Anand Grover, lawyer of opposition representing Cancer Patients Aid Association.
He further explained: “The high court has separate powers when compared with the appellate board. As IPAB has no choice except for Chandrasekaran, the case depends on whether the high court will appoint another person as the technical member of the board.”
Apart from this Glivec case, Novartis is also awaiting the final judgement from the Madras High Court for its second case. In the second case, the Swiss company has challenged constitution of Indian Patent Act.
