Following the ongoing hearing process in the case between Natco and the Government of India regarding the appointment of a technical member in the Intellectual Property Appellate Board (IPAB), the Supreme Court (SC) held that a new technical member has to be appointed to the IPAB, which is considering Swiss drug major Novartis? appeal against the rejection of the Glivec (imatinib mesylate) beta patent by the Indian patent office.
Announcing the verdict, SC said that PC Chakraborti, deputy controller general of patent in Kolkata office, should be appointed as the new technical member. SC has directed the IPAB to list the matter for hearing on November 3 to decide further course of action. The court has further directed the IPAB to hear the matter on a day-to-day basis.
Ranjit Shahani, vice chairman & managing director, Novartis India Ltd, said, ?Novartis is pleased with the appointment of PC Chakraborti and looks forward to a timely review of the case before the IPAB.? He added, ?Natco was the only party to disagree with the Government of India?s proposal to have a two-member IPAB panel to hear the case. The IPAB hearing on the denial of a patent for Glivec beta form was delayed pending the court?s decision on the Natco petition. Nevertheless, we have confidence in the Indian legal system.?
Earlier, the central government had been asked by the Madras high court to hear an appeal from Novartis against the rejection of the Glivec patent. Against the verdict, Natco Pharma, who had challenged the Glivec patent, moved the SC seeking the appointment of a technical member.