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SC to decide pharma patent, take up marines case
Sunday March 31, 2013 09:46:48 PM,
IANS
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New Delhi: The
Supreme Court will pronounce an important judgment Monday on a
Swiss pharma firm's plea asserting its patent over a medicine, and
Tuesday take up Sterlite's plea opposing the order to shut down
its plant as well as the case of the Italian marines.
In a judgment that would have a far-reaching implication for the
Indian pharmaceutical industry, the court will rule on Novartis AG
plea seeking a patent for the beta-crystalline form of imatinib
mesylate, which is used in the treatment of chronic mycloid
leukaemia.
International drug makers are critical of Section 3(d) of the
Indian Patent Act which says that mere discovery of a new form of
a known substance which does not result in the enhancement of the
known efficacy of that substance does not qualify for patent
protection.
Novartis has contended that there could be a situation where a
product which is an innovation under 2(j) and 2(j)(a) of the
Patent Act is sought to be denuded of invention under 3(d) in
terms of pharmaceutical "efficacy".
Section 3(d) of the Patent Act seeks to thwart the "ever greening"
of the pharmaceutical products with minor changes in the content
and form without any innovation. Section 2(j) and 2(j)(a) deal
with the grant of innovation to the product claimed to be original
and a novelty.
The global drug makers have contended that Indian patent law does
not encourage innovation and criteria of efficacy under Section
3(d) are not clearly defined.
The next important judgment will be on Tuesday on the plea by
Sterlite Industries India Limited challenging the Madras High
Court order directing it to close down its Tuticorin
copper-smelting plant for violating environmental norms.
The Madras High Court, by it Sep 28, 2010 order, had directed the
immediate closure of the plant. The apex court, by its interim
order of Oct 1, 2010, had stayed the operation of the high court
order.
However, the Tamil Nadu Pollution Control Board (TNPCB) Friday
ordered closure of the plant with immediate effect, and power
supply to the plant was cut off. The TNPCB order comes after the
leakage of noxious gas from the plant March 23.
The case of two Italian marines Massimiliano Latorre and Salvatore
Girone, which had become a hot diplomatic and legal issue after
Italy reneged on the undertaking given by its Ambassador Daniele
Mancini on their return, is listed before the court of Chief
Justice Altamas Kabir Tuesday.
The court may have a fresh look on its earlier order restraining
Italian ambassador Mancini from leaving the country. In the course
of the last hearing of the case, the court had clarified that its
orders for the promised return of two maries has not been violated
as they were to be back by March 23, 2013.
It may also deal with the status of the charge sheet pending
before the Kerala trial court as it had already ruled that Kerala
Police had no jurisdiction over two marines.
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