India: Glivec Update

In latest update, the Intellectual Property Appellate Board (IPAB) has reserved its judgment on Novartis’s appeal challenging the appointment of former Controller General of Patents S. Chandrasekhar as a technical member of IPAB. IPAB is currently hearing Novartis appeal against the decision of Indian Patent Office not to issue a patent against its patent application for beta-crystalline form of Imatinib Mesylate. Earlier, Novartis has objected the composition of the IPAB on the grounds that Chandrasekhar was Controller General of Patents when the application for beta-crystalline Imatinib Mesylate was rejected. Novartis counsels argued that IPAB could have one or more technical member in addition to Chandrasekhar or the tribunal could ask the government to appoint another person. However, the Additional Solicitor General V. T. Gopalan defended the appointment of Chandrasekhar and contended that Novartis should have made its objection when the case was shifted to the appellate board by the Madras High Court. He further added, since Novartis had failed to raise the issue before the Madras High Court, it was not right to raise the issue now. He argued that once a statutory order is passed, the tribunal should hear the case and cannot ask the government to appoint another person.