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23/05/2006 | Argentina: Be careful, America

Maria Zaldivar

When the United States defend tooth and nail the laboratories’ ownership of the patents of products that are the result of private research, they argue that these originate in their bulky investments in the field. True.

 

This correct and strictly economic definition leaves room for wondering whether health discoveries must receive the same treatment as all other economic goods. Capital must certainly be protected, and this applies also to the funds allocated to scientific research. No political measure can alter the normal flow of wealth to the different industries.

However, the question that must rule the administration of justice is what legal right is to be guarded; that is, what is the principle or the value that must be protected or defended.

In the case of the laboratories, the protected principle seems to be intellectual property. Nevertheless, when the file arriving at the American courts is labeled “Microsoft”, the principle changes. When the judicial system alleges that the defense of competence is more important than the investment in improving the company’s software, and the rejection of the threat of monopoly changes the pattern, it seems to side with the general interest, whereas in the first case, it aligns with that of the companies’.

Those countries that refuse to vote for drug patent laws that favor the American interpretation are insistently pressured to recognize such rights. One of these countries is Argentina, which, perhaps due to its curious tradition of indefinitely repeating its historical cycles, is currently undergoing a period of strong concentration of power in the figure of President Kirchner, who, shortly after his accession, personally saw to it that those members of the Supreme Court he did not particularly liked were replaced.

There are different degrees of arbitrariness, but the mechanism that leads to it is always put into operation in the same way: little by little.

Latin America has been exporting talents for decades as a consequence of the persistent public policies that discourage personal effort, the deepening of demagogy through aid plans allegedly aimed at redistributing income, the subsidies to unemployed workers with not interest whatsoever in returning to the labor market, and the deterrents to investment, the only genuine mechanism of wealth and job creation.

Many of these talented professionals who leave the country in search of a more reasonable system to live in end up in the United States. They are welcomed there and the society integrates them because it takes full advantage of the abilities each individual can contribute to the enhancement of the quality of life of the whole. That is why these foreigners can coexist harmoniously in this environment.

The US immigration policy is being harshly criticized. However, nothing should make the country abandon its staunch defense of the American spirit. The United States, the flagship of freedom for the whole world, must preserve the values that have turned them into the great nation they are today, a nation thousands of immigrants dreaming of progress arrive in every day.

Leftist movements, which remain faithful to their dissociating role in Latin America, the North and around the globe, take advantage of the different political junctures to exert their influence, never so efficiently as these days in this area of the continent. Morales, Lula, Chavez and Kirchner’s influence reinforces Castro’s lonely dictatorship.

This is an opportunity for the South to point out its experience to the North: the softening of the principle of predictability has opened the door to all sorts of vague definitions and deeply wound the separation of powers and other important national institutions.

Today, Latin America is overwhelmed by breaches of contract, transgressions to private property, harassment of the press, power concentration, disdain for life and human dignity and other elements of political deterioration, which inspire the departure of the best of us in search of the excellence that their countries deny them.

These immigrants adapt perfectly to other societies because they share conduct codes, goals and projects. It is highly commendable that the United States import our most talented professionals, so academically and humanly worthy, but they should refuse to import our flaws as well.

The Latin American political system is damaged equally by practices that go from the subtlety of judicial ambivalences to the grotesque of demonstrations that disrupt public order, block the streets and invade the public space. The day a community loses confidence in its institutions is the day that marks the beginning of its decadence. If you are not sure about it, ask a Latin American.

* María Zaldívar is a TV journalist from Argentina and Bachelor of Political Science (UCA, Catholic University of Argentina)

www.hacer.org

Hacer - Washington DC (Estados Unidos)

 


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