The Tribunal found that Eli Lilly had failed to demonstrate that the promise doctrine constitutes a fundamental or dramatic change in the utility requirement under Canadian patent law or that the promise doctrine is arbitrary and/or discriminatory.
President Trump's promise to renegotiate Nafta and possibly place tariffs on Mexico or other US trading partners has the beef industry worried. The industry is already reeling from the loss of the Trans-Pacific Partnership.
Three leaders of US dairy organizations traveled to Mexico City to reaffirm their commitment to maintaining a positive trade relationship with Mexico’s dairy industry and consumers.
Just the fact that the Canadian government had to go through this massive and expensive process for many years just for rejecting two bad patents should show why ISDS provisions are such a problem.
Canada has prevailed over pharmaceutical giant Eli Lilly in a long-running investor-state dispute the drug company filed under NAFTA’s investment chapter.
As part of NAFTA, Mexico was granted special access to the U.S. market but more akin to the “imperial preference” that Great Britain once provided for members of the British Empire.
Any renegotiation of NAFTA should include streamlined customs procedures and greater regulatory cooperation among other priorities, say the leading chemical industry associations.