Pharma Patents Are Vulnerable In Canada As Lilly Loses NAFTA Challenge
Tribunal finds Lilly did not prove that Canada's promise utility doctrine discriminates against pharmaceutical patents; 25 pharma patents have been invalidated in past decade.
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The EU is once again facing criticism for its pursuit of investor-state dispute settlement-like mechanisms.
Supreme Court of Canada says promise doctrine is not correct approach to determine if a patent has sufficient utility; doctrine has been used to invalidate patents on 22 medicines.
Thanks to forthcoming NAFTA renegotiations, the US could put Canada under pressure to rethink its plans to curb excessive pricing.