The federal government has accused a U.S. pharmaceutical giant of trying to turn the North American Free Trade Agreement’s
In the Straterra case, Eli Lilly said its ADHD drug could be used as a treatment for chronic ADHD. However, a federal court found there was not sufficient evidence to back up those promises when the patent was registered, and therefore it should not have been granted on the grounds of inutility. This "promise doctrine" of the courts arguably makes Canada's patent system more rigorous. Patents can be a useful way of rewarding innovation, but they also lock away knowledge for many years, keeping potentially better and certainly cheaper versions of the same medication off the market. In any case, invalidation of a patent is a rare occurrence in Canada.
Eli Lilly is accusing Canada of violating its obligations to foreign investors under the North American Free Trade Agreement
A U.S.-based pharma giant’s threat to sue Canada for $500 million under the North American Free Trade Agreement (NAFTA) has