... Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Samuel Morgan Professor: Christina JG Williams, Esq. LEG 500 – Law, Ethics, and Corporate Governance May 21, 2015 Abstract The relationship between legal and ethics has long been strained and confusing to understand. In today’s business, ethics actually consist of a subset of major life values learned since birth. Many in business use these life values to make decisions that have been passed down from family, educational and religious institutions. However, the message is not the same and each business person will apply their own unique interpretation. Nevertheless, everyone must have an ethical base that applies to conduct in the business world and in personal life. Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Legal and Ethical considerations are a viable element in marketing, product safety and intellectual property, yet there continues to be the secret and unpredictable element that each organization cannot control, the employee. Ethical or unethical behavior is not entirely an issue of the character of the employee; it is determined by a lot of factors. Employees or people are influenced by the forces surrounding them – their peers, their superiors, the reward system, group norms, and organizational policies and values. In this assignment, we will revisit the organization PharmaCARE and how legal and...
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...2016 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Legal 500 Professor Carter Introduction In the book Pharmaceutical Ethics, Jon Merrills’ defines ethics as: * Ethics is the systematic study of what is right and good with respect to conduct and character. * The beliefs and behaviors to which members of the profession subscribe. * A critical evaluation of assumptions and arguments. * A discussion about what ought to be done or ought not to be done. Using Merrill’s’ definitions as a rough guide we can evaluate the legal and ethical decisions of PharmaCARE’s use of the diabetic drug AD23 in slowing the progression of Alzheimer’s disease. The drug was reformulated to maximize its effect on Alzheimer’s treatment however, PharmaCARE took actions to avoid the Food and Drug Administration in the reformulated drug for Alzheimer. PharmaCARE setup its own pharmacy company CompCARE to sell the new formulation to the public. CompCARE was able to take advantage of PharmaCARE’s databases, networks, and sales and marketing expertise to create a high demand of the product. Once the high demand was there, CompCARE started to advertise AD23 directly to consumers and marketing the drug directly to hospitals, clinics and physicians. After the success of AD23 CompCARE was sold to WellCO. Two weeks later AD23 was linked to 200 cardiac deaths. Research three to five (3-5) ethical issues relating to marketing and advertising...
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...Legal and Ethical Consideration in Marketing, Product Safety, and Intellectual Property Terra Bradley LEG500, Law, Ethics, and Corporate Governance Professor Lateefah A. Muhammad 17 March 2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property In this paper I will identify three ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. I will argue against Direct-to-Consumer (DTC) marketing by drug companies. Next I will determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could or should have done, and whether the FDA should be granted more power over compounding pharmacies. I will decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in accordance with Utilitarianism; Deontology; Virtue Ethics; my own moral and ethical compass. Afterwards, I will analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. Then I will suggest at least three ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. I will compare PharmaCARE’s actions with those of at least one real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss. I will also determine the...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Wanda T. Diggs Professor William Stone Law, Ethics and Corporate Governance – LEG-500 March 18, 2014 Abstract The PharmaCARE scenario is a case study based on a real life tragedy. Corporate corruption is alive and well and, as this case proves, unethical corporations will break the law for extra profit. Utilitarian ethics should be considered when in the business of providing consumable products to the public. Unfortunately, there are pharmaceutical corporations operating in the U.S. who are not abiding by the law and who are endangering public safety. Introduction This case study involves a pharmaceutical company that violated the intellectual property rights of a foreign nation; violated state compounding regulations, and violated product safety laws. The company established a compounding pharmacy to mass-produce a new drug formulation that executives believed would earn huge profits. The most disturbing aspect of this case is that there was a tremendous loss of life as a result of the company’s decisions. The federal government has granted authority to the Food and Drug Administration (FDA) to ensure drugs are safe for human consumption. Today, the FDA faces obstacles relating to lack of oversight control, funding, and human resources needed to provide adequate oversight over compounding pharmacies. This paper covers a broad-brush of ethical and legal issues relating...
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...by Fred Sand Professor Newcomb, Legal – 500 February 27, 2014 compared The remainder of the document will discuss and examine law suites held against PharmaCARE and various ethical dilemmas the company may encounter. On August 17, 1997, executives around northern New Jersey’s drug corridor, where most of the international Pharmaceutical companies have their headquarters, mobilized for action” (Aitken & Holt, 2000, p. 82). According to Aitken and Holt (2000), this was the day that the US Food and Drug Administration issued temporary guidelines the, for the first time, permitting the drug makers to specify the uses of their prescription remedies in their radio and television advertisements (p. 82). Marketing and advertisement has been around almost since the beginning of time. One of the ethical dilemmas concerning television and radio advertisements for prescription drugs is the potential for the consumer to self-prescribe or evaluate their symptoms. According to the U.S. Food and Drug Administration (2013), doctors believe that patients understand that they need to consult a health care professional about appropriate treatment (p.1). On the other hand, it could be possible for the patient to adapt their own symptoms for the sake of obtaining a desired medication. “Intellectual property (IP) is the work product of the human mind. Novels, paintings, computer programs, songs and inventions are all examples” (Halbert & Ingulli, 2012, p. 316). “Activist...
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...Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Submitted by: Professor: LEG 500 Date of Submission: Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. The ethical issues are based on the social code and daily morality. Since the discussion is based on customer loyalty, stem cell research and abortion. Yet this invokes some serious arguments which proves that there are ethical issues which are yet of considerable concerns and need to be addressed. The ethical issues that are faced by the company mostly revolve around the morals and principles of the right and the wrongful actions. Here the focus is also on the moral approvals in terms of the what is viewed correct by individuals in certain professions. The main ethical issues however arise from advertising, personal selling, suppliers, contracts and pricing. Some of the main ethical issues that relate to the business are based mainly in terms of market research, audiences and pricing. The market researches can invade the privacy of the customers. In addition, in terms of the research, there is a high chance that these can be conducted based on stereotypes, which can be unethical. It is important for companies to use the market research as a means of marketing and a means to attain feedback for...
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...PharmaCARE Company is a well successful pharmaceutical company known to produce high quality products that have saved millions of lives and enhanced a quality of life to others. The Company is recognized for offering free and discounted drugs to low-income consumers, and has a foundation that sponsors healthcare educational programs and scholarships, and its CEO serves on the PhRMA board. The company is located in New Jersey, and maintains a large manufacturing facility in the African nation of Colberia. In this, paper I will review questions that arose from a given scenario that PharmaCARE Company encountered while they reformulated one of its top-selling diabetes drug. PharmaCARE established a wholly-owned subsidiary called CompCARE to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. I will highlight the negative impacts the new drug caused to individuals, and the negligence the company had towards the working condition of its employees. Determination of all the stakeholders in the given scenario Stakeholders are defined as individuals who are involved in, have a vested interest in, or a “stake” in the success of an organization (Merriam-Webster, 2011). Internal stakeholders will participate in the strategic development of coordinating resources to fund and sustain an operation, whereas external stakeholders are not directly connected to the organization; however, they are vested in the company success as clients, business...
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...LEGAL AND ETHICAL CONSIDERATIONS 4 RUNNING HEAD: LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY LEGAL AND ETHICAL CONSIDERATIONS IN MARKETING, PRODUCT SAFETY AND INTELLECTUAL PROPERTY [Student Name] [Instructor’s Name] [Date] [Course Name] Introduction This paper is concern with legal and ethical issues in advertising, marketing, regulations and intellectual property of product safety with respect to PharmaCARE which is a pharmaceutical company. The paper includes the information regarding drug companies, Direct to Consumers (DTC) marketing. Next we will determine the role of Food and Drug Administration (FDA) in regulatory schemes of pharmacies and determine that whether FDA empower over compounding pharmacies. In this paper, I have to make decision about PharmaCARE that whether the company use of intellectual property of Colberia. After this, I will analyze PharmaCARE ways to use US laws to protect intellectual property to coop with intellectual property in Colberia. To compensate the people of suffered from damages due to usage of AD23 will be studied and different suggestions will be made to compensate them. In the end, three changes will be recommended to PharmaCARE to go forward ethically. 1-Ethical issues relating to marketing and advertising, intellectual property, and regulation...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Name: Hanadi Rabadi Course: LEG 500 Professor: Gus Weekley Date: 09/01/2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Propertyt Inreduction Ethical dilemma may be defined as a situation where one has to make a decision but the decision to be made has some impact on either of the choices taken. In different organizations, there are times where a manager may be faced by ethical dilemmas that he or she is supposed to look into. The process may be difficult since the manager has to deal with such situations without discriminating on any individual. Any activity that relate to business management in relation to the society, consumers, and the business itself should consider all ethical issues relating to the environment. It is important for business owners to alight ethical issues to their business plans. Ethical issues may relate to advertising and marketing, regulation of product safety, and intellectual property. Marketing and advertising, relating to any industry in the market, may have different forms of ethical issues. For example, advertising may be unethical when the content in the advertisement has unethical issues such as the use of harsh language or pictures that may not be pleasant to all age groups (Ashcroft, 2007). It is important for advertising agencies to consider all ethical factors while posting any advertisement to the public...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG 500 August 26, 2014 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Ethical dilemma may be defined as a situation where one has to make a decision but the decision to be made has some impact on either of the choices taken. In different organizations, there are times where a manager may be faced by ethical dilemmas that he or she is supposed to look into. The process may be difficult since the manager has to deal with such situations without discriminating on any individual. Any activity that relate to business management in relation to the society, consumers, and the business itself should consider all ethical issues relating to the environment. It is important for business owners to alight ethical issues to their business plans. Ethical issues may relate to advertising and marketing, regulation of product safety, and intellectual property. Marketing and advertising, relating to any industry in the market, may have different forms of ethical issues. For example, advertising may be unethical when the content in the advertisement has unethical issues such as the use of harsh language or pictures that may not be pleasant to all age groups (Ashcroft, 2007). It is important for advertising agencies to consider all ethical factors while posting any advertisement to the public. In addition, marketing may lead to unethical issues...
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...Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Legal and Ethical considerations are a worthwhile element in marketing/advertising, product safety and intellectual property, however there continues to be the stealthy and erratic element that each company cannot control and that is the employee. Ethical or unethical behavior is not completely an issue of the charisma of the employee, but it is defined by many factors. Employees are encouraged by the forces that are around them. Some of these are their peers, supervisors, compensation system, and administrative policies. There are many...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Ervin Coburn Dr. Redmon LEG 500 December 15, 2013 Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Marketing and advertising are the main channels that all companies use to get access to the customers and present their products to the potential customers. These have a very huge impact on the sales and the overall profit that the company will get. Every company must put into consideration all the legal and ethical issues to ensure that they attract more customers to buy their products hence maximizing their overall profits. Failure to put into consideration the ethical and legal issues in marketing will repel the customers from the company hence low sales and this may put any company out of business. The legal issues related to marketing and advertising include the laws and regulations that are laid down regarding marketing and adverting. Every state has statutes and general laws that dictate how marketing and advertising has to be carried out. From whatever area that the company operates, it has to follow the laws about marketing and adverting. Failure to follow the laws may put the company in legal problems which may be very costly and affect their profit margins. Such legal problems may also destroy the reputation...
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...Coretta Brown Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG500 August 25, 2014 Write an eight to ten (8-10) page paper in which you: http://www.insidebusiness360.com/index.php/ethical-issues-faced-by-marketers-18696/ Legal and ethical situations have been a topic in the business world since day one. Legal and ethical can sometimes be confusing in the work place if there are not rule and regulation to abide by in the organization. Legal is an act according to law, not in violation of law or anything related to the law. Ethical involving questions of right and wrong behavior relating to ethics and following accepted rules of behavior that are morally right and good. 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Marketing is the total of activities involved in the transfer of goods from the producer or seller to the consumer or buyer. Advertising is the act or practice of calling public attention to one's product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, and on billboards. According to Mathenge,“Over the years, advertising and marketing communication messages have created a lot of debatable ethical issues, due to the public belief , that advertisements...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LaMeka Wright Strayer University LEG 500 June 11, 2014 Samuel Christian, Jr. Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Being a worldwide successful company takes a lot of hardworking individuals to make this happen. When running a successful company, you will want to make sure you are functioning in an ethical manner and are abiding by the law. “PharmaCare is one of the world’s most successful pharmaceutical companies with a reputation as a caring, ethical, and well-run company that produced high-quality products that saved millions of lives and enhanced the quality of life for millions of others” according to the scenario. However, there has been some unethical behavior going on that involves issues relating to marketing and advertising, intellectual property, and regulation of product safety. This paper will discuss some ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety; argue for or against Direct-to-Consumer marketing by drug companies; determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could/should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies; decide whether PharmaCare’s use of Colberian intellectual property would be ethical in accordance...
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...Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Kemal Cankaya Strayer University Law, Ethics, and Corporate Governance Prof. Augustine S Weekly December 15, 2013 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. With the globalization in world economy, business ethics became indispensable neces- sity for companies. Business to business ethics of appropriate behaviors in the long term success of businesses in a positive direction, otherwise it has been the power to adversely affect the behavior. As a result, the collapse of ethical scandals have emerged released in the United States of America and Europe. Business, which clearly indicates the necessity and importance of business ethics ethics have valuable lessons from the collapse. Ethical issues at Marketing Nowadays, marketing ethics, ethical issues comes up with sales-related studies and sensitivity in the community. This aspect of the business from a societal perspective should insist on the importance of ethical practices. As a result of marketing activities by the community due to the high impression, often come up with moral problems in the advertising, personal selling, market research and international marketing issues are seen to be available to unethical behavior. Especially in the 1970s and 1980s, various scandals...
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