| The Madras High Court has adjourned the hearing on the Novartis patent case to November 6 after the Hyderabad-based Natco Pharma raised objections against the Union government’s proposal of excluding a technical member from the patent cell of Intellectual Property Appellate Board (IPAB) to hear Novartis’ appeal.
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| While Centre’s proposal has been accepted by Novartis and other Indian pharma companies, Hyderabad-based Natco expressed its opposition in the court on Monday.
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| Natco, along with a few other Indian pharma companies and Cancer Patients Aid Association, opposed the Novartis’ Glivec patent application.
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| Arguing before a division bench comprising chief justice A P Shah and justice V Ramasubramanian, senior counsel P S Raman, appearing on behalf of Natco, made his submissions against the Centre’s proposal and contended that a chairman of patent cell cannot be given discretionary powers.
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| The Centre had informed, on October 8, the court that the patent cell of IPAB could exclude S Chandrasekaran, former Controller General of Indian Patent Office and the cell comprising the chairman and vice-chairman could hear Novartis’ appeal as appointment of a new technical member would take 12-15 months.
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| Novartis raised objection on the ground that he was the Controller General of Patents when the company’s original application for Glivec was rejected.
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| The company felt that the presence of Chandrasekaran on the board could affect the process of natural justice, and had sought his replacement. |
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