Theoretical perspectives on patents within investment tribunals: insights from Eli Lilly v Canada

Theoretical perspectives on patents within investment tribunals: insights from Eli Lilly v Canada

Journal article

1 online resource

This article examines how investment tribunals perceive patents within the theoretical foundations of patent law in international investment disputes, focusing on the case of Eli Lilly v Canada. By exploring key patent doctrines—such as the promise utility doctrine central to the Eli Lilly v Canada case—and classical and modern patent theories, the study highlights the varied doctrinal approaches to patent law across jurisdictions. It examines how these differences, underpinned by the principle of territoriality, complicate tribunals’ efforts to adjudicate IP disputes that span national boundaries. The analysis reveals significant challenges in reconciling domestic patent laws with the protections expected under international investment treaties, stressing tensions arising from a lack of harmonised global standards. The choice of subject is motivated by the rising prominence of IP rights in global investments and the complex legal questions at the intersection of IP and international investment law. This work contributes to a deeper understanding of the ways in which investment tribunals navigate patent law, and it encourages further scholarship in this critical area. It encourages further scholarship in this area and advocates for a careful approach to IP disputes in international arbitration, one that respects national sovereignty while adapting to the demands of a globalised economy.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(2), 79-85

[New York, NY] : Thomson Reuters, 2025.

eng

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review