In developing Mutual Recognition Agreements, and in defining functional equivalence, it is essential that regulations and rulemaking procedures not be harmonized downward, but that the end result be equal or improved safety, health and consumer protections. The U.S. and the EU should include in the TEP work plan a disecussion of ways to resolve Sanitatary and Phytosanitary Standards Agreement disputes, including the U.S.-EU Beef Hormone case, in a manner which preserves the rights of WTO Member governments to take a precautionary approach to food safety. In considering biotechnology, we urge governments to promote transparency and information for consumers by requiring labeling of all genetically engineered food. Further, in developing ways to encourage simultaneous applications for environmental and safety assessments in the U.S. and EU, the U.S. government should institute a system of mandatory government pre-market safety reviews for genetically engineered food. In considering facilitating electronic commerce, we urge governments to negotiate measures that protect privacy, and which maintain or enhance consumer protections that currently exist in the U.S. and EU against fraud, faulty merchandise, or dangerous.
Consumer groups have significant concerns about expansion of intellectual property rights.
In discussing any new patent protections for inventions involving computer programs, or design protections, we urge governments to bear in mind that the fundamental purpose of patent protection is to encourage innovation, not to protect investment. Regarding protection of confidential business information submitted by pharmaceutical companies in support of approval for new products, we urge governments to increase, not decrease transparency in regulation. Regarding database protection, negotiations should not allow private parties to restrict access to information currently in the public domain. U.S. and EU consumers would be greatly affected in measures outlined in the TEP Plan were implemented.