India: Novartis Hearing Postponed To FebruaryPublished on 30 November 2011 @ 11:58 am
Intellectual Property Watch
By Catherine Brain for Intellectual Property Watch
The Supreme Court in New Delhi has postponed the Novartis v. Union of India hearing. The case will now be heard on 28 February 2012.
Swiss pharmaceutical company Novartis is challenging the decision of the Intellectual Property Appellate Board, which rejected its appeal for a patent on the cancer drug, Glivec (or Gleevec). The rejection was based on section 3(d) of the Indian Patents Act 1970, which prohibits patents on new forms of known substances, unless the new form exhibits a significant enhancement in efficacy.
In its 29 November postponement, the court stated that the delay is due to the over-running of another case involving the same judges. This is the third time the hearing has been rescheduled, it was initially listed for 17 January 2012.