Novartis Patent Rejection by the IPAB: Accessing the Decision

In a previous post, I highlighted the key aspects of a decision by the IPAB (Intellectual Property Appellate Board) rejecting Novartis’ claim to a patent covering Glivec.

CH Unni of the Mint carried a report on this decision. See also this report by PB Jayakumar in the Business Standard (unfortunately, there’s been a small misquote: the provision governing “public ordre or morality” is section 3(b) and not section 3(d), as stated in this piece).

Many of you wrote to ask for a copy of the decision. I’ve now uploaded this onto the SpicyIP website. Enjoy the rather long winded 192 page discussion (of which 120 pages or so merely reproduces counsel submissions!).

The decision ought to have been uploaded onto the IPAB website. And if any of you from the IPAB or with good connections with the IPAB are reading, please exhort them to have a policy of timely updates. Some months back, I wrote to the IPAB requesting that they upload all their decisions. Unfortunately, I never so much as received a reply. Here is the text of the letter written to them:

From: Shamnad Basheer
Date: Sat, 30 May 2009 09:36:31 +0530
Conversation: Decisions of the IPAB
Subject: Decisions of the IPAB

Dear Sir/Madam,

By way of introduction, I am a professor of law, focusing on intellectual property issues. I also run a blog and website titled SpicyIP, which is educational in nature and aims to increase awareness around IP issues in India.

I’ve been tracking the IPAB website and decisions and note that only decisions rendered till 2008 have been put up on the website. In the interests of transparency and in order to further greater review of these decisions which impact the parties and the public, may I please request you to upload current decisions as well? A line in response would be greatly appreciated.

Thank you very much,

Shamnad Basheer
MHRD Professor in IP Law
National University of Juridical Sciences
NUJS Bhavan, 12 LB BLOCK
Salt Lake City, Sector III
Calcutta – 700098, India

Shamnad Basheer

Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.

One comment.

  1. AvatarAnonymous

    Thanks for uploading the decision. We were trying to get hold of it, and as you rightly point out, the IPAB site has not uploaded it yet.



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