Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
Popular Search: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: form 3cd :: TDS :: ACCOUNTING STANDARD :: ARTICLES ON INPUT TAX CREDIT IN VAT :: cpt :: VAT Audit :: empanelment :: articles on VAT and GST in India :: due date for vat payment :: TAX RATES - GOODS TAXABLE @ 4% :: ACCOUNTING STANDARDS :: list of goods taxed at 4% :: Central Excise rule to resale the machines to a new company :: VAT RATES
« News Headlines »
 ICAI to organise two-day international conference in Hyderabad
 Here's how to calculate tax payable on your capital gains
 Income Tax calculations for the financial year 2016-17
 CPE Events 17 October - 22 October 2016
 High Court raps I-T Department for wrong tax demand
  CBDT signs 5 advance pricing pacts with Indian taxpayers
 Finance ministry warns tax officials of action against GST protest
 Big changes for small units under GST
 Parliament’s winter session to begin on November 16 to expedite GST rollout
 Income-tax (27th Amendment) Rules, 2016 - 92/2016
 Announcement - Clarifications in Respect of MEF 2016-17

Appellate board dismisses Novartis objection
July, 21st 2007
Appointment of S. Chandrasekaran as member

P.T. Jyothi Datta

The Intellectual Property Appellate Board (IPAB) has dismissed the objection raised by drug-maker Novartis regarding the appointment of Mr S. Chandrasekaran, former Controller-General of Patents, as a technical member on the Board.

However, the IPAB order is unlikely to end the appointment debate, with Novartis expressing its disagreement with the order.

The company is considering all options, Mr Ranjit Shahani, Vice-Chairman and Managing Director of Novartis told Business Line.

The reasoning behind the order will be understood only on reading the written judgment, he added.

Novartis had objected to Mr Chandrasekarans appointment to the IPAB, as he was the head of the Indian Patent Office when it rejected Novartiss patent application for its cancer drug, Glivec, in January 2006.

In its order, issued on Friday, the IPAB said that the doctrine of necessity had been applied in this case.

The doctrine has been applied, as already noticed, in case of bias where there is no other person who is competent or authorised to be adjudicator or if quorum cannot be formed without him or if no other competent tribunal can be constituted.

An IPAB representative explained that the Novartis petition on the appointment was dismissed, as Mr Chandrasekarans technical expertise on patents was significant.

There are two other technical members, but they handle trademark-related issues, he added.

Also feeling the impact of todays developments are domestic drug-makers Natco, Cipla, Hetero and Ranbaxy, besides patient organisations like the Cancer Patients Aid Association, which had initially opposed Novartiss patent application at the Patent Controllers office.

They were also respondents to an earlier case filed by Novartis at the Madras High Court against the rejection of its application.

But the entire scenario shifted to the IPAB, which was created in April following a notification from the Centre.

Novartis currently also awaits a judgment from the Madras High Court on another case regarding certain constitutional provisions in the Indian patent law; closing arguments had ended in early April.

The company had raised the issue of incremental innovation and whether it was patentable.

Section 3 (d) of the Indian Patent Act excludes important developments in the form of incremental innovation, the company said.

Shareholder concern

Glivec was on the mind of shareholders as well, at the Novartis AGM earlier today, with a majority of them expressing concern on developments around the cancer drug.

Mr Shahani told the gathering that the Patent Law should be designed to award significant incremental innovations.

Novartis runs a patient access programme that supports more than 7,400 patients in India by providing Glivec free to those who are unable to pay for it.

But Novartis Chairman, Dr E. Schillinger, told this correspondent that the company was holding back investments in India until there is more clarity on intellectual property right (IPR) issues.

In less than five years, pharma MNCs like GlaxoSmihtKline, Novartis, Novo Nordisk, Astra Zeneca and Roche have all set up research centres in China, an industry official observed.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Our Experience

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions