US Chamber criticizes NAFTA tribunal decision in pharmaceutical case

The U.S. Chamber criticized an uptick in medical patent invalidation in Canada.
The U.S. Chamber criticized an uptick in medical patent invalidation in Canada. | Contributed
A spokesman with the U.S. Chamber of Commerce said that a recent decision by a NAFTA tribunal regarding a pharmaceutical company and the Canadian government was "outside international norms." 

“Since 2005, there has been a sharp increase in medical patent invalidation, with 25 patents revoked that were previously approved by Health Canada and that were being used to treat millions of patients around the world,” U.S. Chamber Vice President of International Intellectual Property Patrick Kilbride stated in a written statement. “These actions are outside international norms and have undermined the stability that drugmakers rely on to continue providing the kinds of cures the world needs. For these reasons, we urge the Canadian government to address the stifling challenges the 'promise' doctrine presents for medical innovators in Canada.”

Kilbride added that the decision was a narrow one that “declined to rule on the legal merits of Canada’s 'promise' doctrine; it was not an endorsement of the doctrine’s policy. There can be no dispute that the doctrine dramatically undermines legal certainty for medical innovators in Canada.”

Before he joined the Chamber, Kilbride served in the Bush administration as a deputy assistant U.S. Trade Representative for Intergovernmental Affairs & Public Liaison.

The Chamber represents over three million U.S. businesses in different sectors and regions of the country.

Organizations in this Story

Health Canada U.S. Chamber of Commerce

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