Patents, Copyrights and Trademarks -- 2017



Eli Lilly and Co. v. Canada   (ICSID)

NAFTA challenge of Canada’s promise-utility doctrine for patents

The NAM filed an amicus brief in an international tribunal supporting Eli Lilly in its dispute with the Canada involving the scope of patent protections for pharmaceutical products. Lilly’s claims against the Canadian government arose from a new patentability requirement under Canadian law, the “promise utility doctrine,” which imposed heightened requirements on patents for pharmaceutical products. The doctrine harmed pharmaceutical companies because Canadian courts used the doctrine to invalidate more than 25 patents. The NAM’s brief supported Lilly’s argument that the promise utility doctrine discriminates against patents, and therefore, Canada was in breach of its obligations under the North American Free Trade Agreement (NAFTA). The tribunal found in Canada’s favor; however, it did not address whether Canada was in breach of its obligations under NAFTA or address the core investment and intellectual property issues at the heart of the case.


Related Documents:
NAM brief  (February 12, 2016)