https://wikileaks.org/tpp-ip3/pharmaceutical/Pharmaceutical%...
"Marketing exclusivity for new forms and uses of old medicines could be considered a form of evergreening. Since marketing exclusivity applies regardless of the patent status of a drug, even off-patent medicines presented in the forms and uses described below would not have a generic competitor."
My hope is that this particular issue will be bigger than they thought it would be due to the recent price issues around Daraprim (from $13.50 a pill to $750).
It will also kill people on the Corporate externality side with its Corporate Sovereignty provisions [0]
Suppose TPP-Protected Corporation XYZ moves its manufacturing to Town F in impoverished country ABC. This is allowed because, look at all the jobs XYZ creates! XYZ finds it much cheaper to dump excess waste products into the local river. Many citizens of Town F die from the numerous poisons it dumps in the river. Local Government of Town F would like to stop XYZ's pollution, but XYZ is now allowed to override local laws and take Country ABC to a private tribunal to "deal" with the pesky citizens complaining about dying.
[0] https://www.techdirt.com/articles/20150325/17151130431/corpo...
The TPP isn't a real treaty as that requires a 2/3 vote in the Senate its what's known as a trade promotion authority.
Constitutional amendments trump treaties. If anything is found to be unconstitutional in the treaty by SCOTUS, then the treaty may need to be broken.
True, the US can decide to exit a treaty. How likely is that, in this case? Not very.
TPP is not a real treaty, but it carries the force of a treaty.
Is the SCOTUS likely to find something unconstitutional? Again, it's true that SCOTUS could dump the TPP, but I think it's highly unlikely, given court's deference to intent of legislation, will of the legislators,etc etc.
The TPP just reeks not only of end-run around the will of the people, but manufactured consent as well.