[Ip-health] India CL: and why retail price is a poor measuere of damages

Sean Flynn sflynn at wcl.american.edu
Mon Mar 12 05:34:54 PDT 2012

KEI's note on the India CL contains a good description of what the TPP
provision setting damages based on retail price threatens access to






"The Bayer price in India for sorafenib was 69 thousand USD per year. A
survey of prices on sorafenib is available here:
http://keionline.org/prices/nexavar. Bayer's main defense of the pricing
was its program of discounts to lower income patients, and the fact that
CIPLA was selling an infringing product at a lower price (Bayer is suing
CIPLA, and asking for damages and injunctions)."



Sean M Fiil Flynn

Associate Director

Program on Information Justice and Intellectual Property (PIJIP) 

American University Washington College of Law
4801 Massachusetts Ave., NW 
Washington, D.C. 20016
(202) 274-4157            


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