NATCO PHARMA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) A piquant situation has arisen in this case on account of absence of Technical Member in the Intellectual Property Appellant Board (IPAB) constituted under the provisions of Section 116 of the Patents Act, 1970. On 2nd April, 2007, Central Government appointed S. Chandrasekaran as Technical Member (Patent) of IPAB vide notification of even date. On 3rd April, 2007, notification was issued notifying 2nd April, 2007 as the date for 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.

(3.) On 16th June, 2007, Misc. Petition Nos. 1 and 2 of 2007 were filed by respondent No. 4 herein before IPAB praying for the appointment of another Technical Member in place of S. Chandrasekaran on the ground that the said Member had earlier filed an affidavit in the matter taking a particular position in the dispute which has a direct bearing on the case in hand.