Pursuant to Novartis' litigation, challenging the
appointment of S. Chandrasekaran as the expert Technical Member to
hear the matter, the Supreme Court has thrown light on the
scenario. The Intellectual Property Appellant Board (IPAB)
constituted under the provisions of Section 116 of the Patents Act,
1970 provides for the establishment of an Appellate Board and also
provides for a Technical Member and the qualifications for such an
appointment.
On 2nd April, 2007, Central Government had appointed S.
Chandrasekaran as a Technical Member (Patent) of IPAB vide
notification of even date. On 3rd April, 2007, a notification was
issued whereby 2nd April, 2007 was notified as the date for the
transfer of appeals pending before any High Court to IPAB. The
appeals were transferred to the IPAB by the High Court vide its
order dated 4th April, 2007. Further, Misc. Petition Nos.1 and 2 of
2007 were filed on 16th June, 2007, before the IPAB praying for the
appointment of another
