Novartis appeal excludes technical member
The Union Government today informed the Madras High Court that the Intellectual Property Appellate Board (IPAB) could exclude technical member from its bench to hear Swiss Pharma major Novartis AG's appeal against rejection of its application for ...
By PTI |
CHENNAI: The Union Government today informed the Madras High Court that the Intellectual Property Appellate Board (IPAB) could exclude technical member from its bench to hear Swiss Pharma major Novartis AG's appeal against rejection of its application for patent for one of its product.
The bench of IPAB would comprise its chairman and vice chairman, excluding the technical member, Additional Solicitor General V T Gopalan told the court.
A division bench comprising Chief Justice A P Shah and Justice P Jyothimani said it would pass orders if the parties concerned gave their consent to the proposal.
Otherwise, it would hear the matter and pass orders on merit, the bench added and posted further hearing of the petition filed by Novartis AG to October 22.
The petition sought to quash the order of IPAB dated July 20, 2007 rejecting its plea to remove S Chandrasekaran from acting as a technical member to hear its appeal.
Earlier, the bench on August 9 had restrained IPAB from hearing the appeal filed by Novartis AG, challenging the rejection of its patent application for beta crystalline form of imatinib mesylate, and had posted the matter for hearing today.
The bench of IPAB would comprise its chairman and vice chairman, excluding the technical member, Additional Solicitor General V T Gopalan told the court.
A division bench comprising Chief Justice A P Shah and Justice P Jyothimani said it would pass orders if the parties concerned gave their consent to the proposal.
Otherwise, it would hear the matter and pass orders on merit, the bench added and posted further hearing of the petition filed by Novartis AG to October 22.
The petition sought to quash the order of IPAB dated July 20, 2007 rejecting its plea to remove S Chandrasekaran from acting as a technical member to hear its appeal.
Earlier, the bench on August 9 had restrained IPAB from hearing the appeal filed by Novartis AG, challenging the rejection of its patent application for beta crystalline form of imatinib mesylate, and had posted the matter for hearing today.
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