Manufacturers’ Effort to Protect Intellectual Property Moves Forward

Challenge to “Promise Utility” Doctrine Accepted by an International Centre for Settlement of Investment Disputes Arbitral Tribunal

Washington, D.C., February 24, 2016 – National Association of Manufacturers (NAM) Senior Vice President and General Counsel Linda Kelly issued the following statement after the Manufacturers’ Center for Legal Action’s (MCLA) amicus brief supporting Eli Lilly’s challenge to the “promise utility” doctrine was accepted by an International Centre for Settlement of Investment Disputes arbitral tribunal:

“Innovation is the lifeblood of manufacturing, and intellectual property is increasingly critical for the success of global manufacturing. Manufacturers are deeply concerned that unlike any other jurisdiction in the world, Canadian court decisions have created a ‘promise utility’ doctrine to invalidate patents on innovative products contrary to their international obligations. Canada’s actions are clearly out of step with international law and practice and harm Canada’s own ability to promote innovation and compete globally.

“Manufacturers of all sizes depend on patents to spur investment and foster innovation. The MCLA will continue to fight policies that unfairly deprive manufacturers of longstanding and basic intellectual property rights through all available channels, including domestic courts and international arbitration tribunals.”

To learn more about the MCLA and our legal priorities, visit our website


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The National Association of Manufacturers (NAM) is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12 million men and women, contributes $2.17trillion to the U.S. economy annually, has the largest economic impact of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org.