India's Institute of International Trade has published today a note on the challenge by Swiss pharmaceutical originator Novartis AG's Indian subsidiary agaainst the decision of the IPAB (Intellectual Property Appellate Board) that its Glivec cancer drug was unpatentable. The article quotes leading Indian IP expert Shamnad Basheer as saying that the company's next step is to appeal to the High Court, from an appeal is available to the Supreme Court. It then adds: "Novartis can also take their issue to the forum of the WTO’s Trade Related Intellectual Property Rights (TRIPS)".PatLit's TRIPS law may be a bit rusty, but isn't it only countries, and not individual parties, that can institute WTO complaints that a Member's patent law is not TRIPS-compliant?
Further comment by Shamnad Basheer on this dispute may be found on the excellent Spicy IP blog here and here, among other places.
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