Swiss may not take Novartis to WTO

NEW DELHI: The judicial snub to Swiss pharma major Novartis by the Madras High Court is unlikely to send the Swiss government to the World Trade Organisation (WTO), challenging India’s intellectual property right (IPR) regime.

Visiting Swiss federal councillor in the department of economic affairs, Doris Leuthard, said the issue was between a private company and the Indian judicial system, and the Swiss government did not have anything to do with it.

The Madras HC on Monday dismissed a petition filed by Swiss pharma company Novartis challenging the provisions of the Indian Patents Act and claiming that it was non-compliant with the Trade-Related Intellectual Property Rights (TRIPS) agreement.

Speaking to the media after signing an MoU for closer cooperation for protection and promotion of IPRs with the Union commerce minister Kamal Nath, Ms Leuthard said it is normal for leaders to discuss issues involving their country’s companies when some problem emerges. However, when the matter goes to court, “we are out of it”, she said.

The Swiss minister said that her country had not experienced any problems with India’s patent regime yet. “We have not had any problems so far with India’s Patent Act,” she said.

The memorandum signed between India and Switzerland will lead to the setting up of a joint committee to develop a dialogue on issues of intellectual property. There will be exchange of views and information in the area with the committee acting as a forum for consultations to address specific issues in the area of intellectual property in the bilateral relations.

There will be exchange of information between India and Switzerland in training on intellectual property and appropriate development modules will be developed for training.

Ms Leuthard pointed out that the joint committee will serve to improve the credibility of India in Switzerland and increase the level of business confidence.