Update on Novartis case

[Guest guest]

29 January 2007 -- Update 4 pm IST Novartis case

The Novartis matter before the Madras High Court in Chennai adjourned today

until 15 February for final hearing on all issues, i.e., the challenge to 3(d)

of the Patent Actt,as well as the challenge to the Patent Controller's order on

the merits.

The reason being, Novartis wanted to place the Mashelkar committee report on

record, whch they did only today, and upon which the counsel for the government

of India wanted to seek instructions

from government as to its response.

As the order of the patent controller is appealable under the Indian Patent Act,

Novartis AG sought to convert the writ petition into an appeal, which was

opposed by some of the respondents, as also the Government of India. The issue

of whether it can be converted into an appeal, and whether it is within the

statutory time limits will be agitated as a preliminary issue on the 15th.

Orders were also passed on the application of the Indian Pharmaceutical Alliance

and Indian generic manufacturer, Sun Pharma, to implead them as respondents in

the petition challenging 3(d) filed by Novartis AG.

Novartis AG also made it clear that their challenge was two fold: namely, that

3(d) of the Indian Patent Act was not compliant with TRIPS and on the ground

that it violates Article 14 of the Indian Constitution, promoting equality and

prohibiting discrimination and arbitrary state statute.

On the issue whether the pleadings were sufficient to make out a claim for

Article 14, counsel for Novartis contended that it was sufficiently made out in

their rejoinder, and that they would stick by that.

Counsel for Novartis also made it clear that they would be dropping the Article

19(1)(g) challenge, which was based on an alleged violation to practice one's

business.

We will resume the update when the case resumes.

In solidarity,

The Lawyers Collective HIV/AIDS Unit

Anand Grover

Chan Park

Prafulla

e-mail: <george.julie@...>