Nathaniel Lipkus
Sept 1, 2017
In an article in Listed, journalist Paul Brent explores the ongoing NAFTA renegotiations between Canada, the U.S. and Mexico, and examines each country’s bargaining position along with what they have to win – and lose. The article concludes with a reference to a recent Canadian victory in front of a NAFTA tribunal: a five-year battle with U.S. pharmaceutical company Eli Lilly over drug patents that focused on the threshold for challenging decisions by Canadian courts against U.S.-based competitors. Brent provides commentary from Osler partner and intellectual property expert, Nathaniel Lipkus – including an excerpt from an article Nathaniel wrote shortly after the ruling:
“Canada has not had the luxury of picking its NAFTA fights. The government defended judicial sovereignty against Lilly, and now it must defend free trade altogether in dealing with President Trump. Time will tell whether Canada can navigate NAFTA renegotiation as adeptly as it did Lilly’s claim.”
Upon Brent seeking further insight into how Canada will fare at the bargaining table, Nathaniel says, “Canada has not been sitting on its hands. We have been negotiating trade agreements with China, with the Mercosur countries, we have finished the Canada-European Union trade agreement. We have proven ourselves capable of entering modernized, advanced trade agreements. We were instrumental in TPP and we are going to continue to negotiate with key trade areas around the world for reasonable trade agreements.”
For more information, read Paul Brent’s full article from August 3, 2017, “Setting the stage for a new NAFTA,” in Listed.