In a writ petition filed by Novartis, Justice Pratibha Sing has asked for an update on pendency before the Intellectual Property Appellate Board (IPAB). Novartis filed a Writ before the Delhi High Court (DHC) as its Appeal against the order of the Patent office dated 16th August 2019, by which the patent granted to it in respect of the drug `Ceritinib’ was challenged before the Intellectual Property Appellate Board (hereinafter, “IPAB”) is not being heard as the said Tribunal is not functional.

The order notes that IPAB is a specialized forum which was constituted under the Trade Marks Act and the Patents Act in order to ensure expeditious disposals of intellectual property matters. The order also notes that the manner in which the IPAB has been functioning during the last over 15 years shows that at every stage, there has been delay in the appointments being made to the IPAB, both of judicial members and technical members. The Court held that some emergent steps need to be taken by the Government to ensure that the IPAB functions in an efficient and smooth manner for the purpose for which it has been constituted.  8

The Court has asked for the following details: –  i) Total number of cases pending before the IPAB; ii) Conditions of appointment and Status of appointment of Chairperson of IPAB; iii) Status of appointment of technical members of IPAB; iii) Financial autonomy given to IPAB; iv) Recruitment of staff of IPAB and processes thereof.