March 27, 2017
Osler partner Nathaniel Lipkus says Eli Lilly’s (Lilly) argument that Canada violated NAFTA after Canadian courts ruled a pair of Lilly’s drug patents to be invalid under Canadian law “is exactly the type of case that has irked opponents of modern trade deals,” according to an article in Financial Post. In his article, author Julius Melnitzer examines the case in which a NAFTA tribunal “refused to challenge Canadian judicial interpretations of domestic patent law” after Lilly sued Canada. Nathaniel, a partner in Osler’s Intellectual Property Practice Group, explains.
“The case brought by Lilly is exactly the type of case that has irked opponents of modern trade deals,” Nathaniel tells Financial Post. “By allowing investors to sue governments for damages, trade agreements are said to elevate the rights of foreign investors over domestic sovereignty.”
Nathaniel adds: “The good news is that we no longer need to worry that trade tribunals will become supranational courts of appeal over domestic property law disputes.”
Nathaniel also tells Financial Post “the decision should foster confidence in the current investor rights framework.”
For more information, read Julius Melnitzer’s article “Eli Lilly loses NAFTA challenge brought against Canada” in Financial Post.