The newly constituted patent cell at the Intellectual Property Appellate Board (IPAB) in Chennai today postponed the Novartis case to July 10 for further hearing. The Board today heard the arguments for and against the matter whether IPAB head S Chandrashekharan can hear the case since he was 'an interested party'. The hearing, which started at around 11 am, continued till 2 pm today.
The Swiss pharma giant is challenging the Chennai patent office's decision to reject its patent application for its blockbuster cancer drug Glivec on the ground that it did not qualify for protection under patent law. The central government had in early April this year amended the Patent Act to bring all the patent litigations filed in various courts in the country under the jurisdiction of IPAB. And S Chnadrashekharan was made chief of the Board.
But the Novartis took strong objection to the appointment of Chandrashekharan as its head and termed him an interested party on the plea that Chandrasekharan was the controller general of patent office when the Novartis patent application was rejected. The Novartis challenged the matter before the Board.
The IPAB today heard the arguments on whether the IPAB head S Chandrashekharan should continue as its head to hear this case.
While Shanti Bhushan and Habibulla Pasha appeared for Novartis, BB Raman appeared before the Board for Natco. Anand Grover appeared in the court for Cancer Patients Aid Association.
Shanti Bhushan and Pasha in their argument pleaded that since Chandrashekharan was an interested party in the case being the controller general when the patent application was rejected, he cannot do justice in this case.
BB Raman in his argument in favour of IPAB chief pleaded that Chandrashekharan is eligible to hear the case under the clause 'doctrine of necessity'. Anand Grover remained neutral in the case and argued that only the judge can disqualify himself. The Board will further hear on the matter on July 10 when the Additional Solicitor General VP Gopalan will give his argument in favour of Chandrashekharan.