Pursuant to my earlier postings on this issue, the IPAB has dismissed Novartis’s objection to the presence of Chandrasekharan as a technical member on the IPAB panel. As many of us expect, this decision is likely to be appealed–and apart from more biiling hours to lawyers involved in this highly politicized case, the delay will do no one any good!! I haven’t seen the IPAB order yet–but it does seem like Novartis has a good case in trying to get Chandrasekharan off the panel and an appellate court may be more open to their objection.
The Business Standard Reports:
“The Intellectual Property Appellate Board (IPAB) has dismissed the application by pharma major Novartis to appoint a new technical member in place of former Patent Controller S Chandrasekhar to hear its appeal against the Patent Office’s denial of patent to its blockbuster blood cancer drug Glivec.
Novartis was of the view that Chandrasekhar, being the Patent Controller who denied the patent rights for Glivec, should not be on IPAB when an appeal against the decision is heard.
IPAB, in its hearing today, dismissed the Novartis plea. It is yet to give a date for hearing the original appeal.
Terming the development as disappointing, a Novartis spokesperson said the company is considering various options. “Today’s decision was a summary judgement and we will not know the panel’s reasoning until a full written judgement is issued. We will consider our options once we see the full text,” she said.”
a piece from hindu dated 21/7/07
on this topic which novartis could use for appeal as u were mentioning..
“Rejecting the objection, the IPAB Bench comprising board Chairman M H S Ansari and S Chandrasekaran yesterday said “the submissions made by Chandrasekaran have no relevance as they were based on his official capacity as a statutory authority before assuming the post of adjudicator and hence must be eschewed from consideration on the facts of the instant matter”.
Thanks Ravi,
“Official Capacity” as “Statutory Authority”?? How does this absolve him of allegations of bias. Principles of natural justice (under admin law) do apply squarely to folks who purportedly act in their “official capacity”. Besides, even on the IPAB, he continues to act in an “Official Capacity” as a “Statutory Authority”!!
And what is even more striking is that Chandrasekharan himself sits along with Justice Ansari to decide on a matter involving an allegation of bias against him!!
Seems Chandrasekharan doesn’t want to let go of his control over matters related to Patents so easily.
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I agree with Shamnad… Chandrasekharan if siting to decide a case alleging bias against him when he has already ruled against the drug as Patent Controller is bound to have prejudices against the drug as his earlier arguments and reasoning will definitely affect his judgment in the present case… it all just seems to be a power game from outside…