Lilly v. Canada: Lessons for International Intellectual Property Law and Policy

Lilly v. Canada: Lessons for International Intellectual Property Law and Policy
Daniel J. Gervais

ISBN 978-90-411-9097-0
Kluwer Law International BV, The Netherlands

Within the framework of NAFTA, Canada was sued by a private investor on the allegation of an inconsistent and unreasonable application of the patent disclosure doctrine by the Canadian Supreme Court. Although the suit ultimately failed, it did little to calm concerns that ISDS would be abused by dissatisfied investors as an instance of further appeal against domestic decisions.