HC rejects petition by Novartis

HC dismisses a petition filed by Novartis, challenging the constitutional validity of the Sect 3 (d) of the patents (amendment) act 2005.

CHENNAI: The Madras High Court on Monday dismissed a petition filed by Swiss pharmaceutical major Novartis AG, challenging the constitutional validity of the Sect 3 (d) of the patents (amendment) act 2005, under which its patent application for beta crystalline form of imatinib mesylate, was rejected.

Dismissing it, a division bench comprising Justice R Balasubramanian and Justice Prabha Sridevan held that the Court cannot decide whether the Act was in accordance with trade related aspects of intellectual property rights (TRIPS) agreement or not.
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