USTR has proposed giving differential treatment to some of the TPP negotiating partners. Their plan would allow countries not classified as high income by the World Bank to delay implementation of some (not all) of the proposed TRIPS-Plus provisions that would block generic medicines from entering the market. James Love and Brook Baker have both given great comments on this, suggesting improvements to the use of the World Bank classification as a method of determining which countries have different obligations.
Upon hearing about the plan to use income-based formula to apply less stringent rules to some countries, I thought of Kajal Bhardwai’s talk at the 2012 International AIDS Conference. She argued that global treatment access decisions should not be based on national economic criteria, because many low-income people live in countries that will get cut out.