References: Addressing International Legal and Ethics Issues simulation http://ww.findlaw.com/contract law//
References: Addressing International Legal and Ethics Issues simulation http://ww.findlaw.com/contract law//
Direct Drugs Inc. (Direct) has created a plan for the acquisition of SolvGen Inc. (SolvGen), which is a publicly owned company. Direct has engaged an audit team to review agreement and procedures dealing with two separate material agreements. The first agreement is a research and development agreement and the second is a licensing and distribution agreement. The contract states that SolvGen entered into a five year research and development agreement with Careway Pharma Inc. on January 1, 2010. The agreement states that SolvGen will use its best efforts to develop a proprietary instrument system. They are expected to be ready for launch in the near future. SolvGen and Careway also entered in an agreement for a five year license and distribution. This agreement was entered in on January 1, 2010 as well. The terms of the research and development agreement state that SolvGen holds all intellectual rights that correspond with the research and development of the contract. Also with this agreement SolvGen is entitled to nonrefundable milestone payments from Careway and they are as follows:…
International transactions require certain legal criteria for proper processing. When one country wants to venture into another country to globally market a product, they must consider the legal ramifications and other possibilities that could happen once they are established in that country. In the case of CadMex Pharma wanting to partner with Gentura in the country of Candore, the company faced the issue of having to abide by the laws of that country. The issues CadMex Pharma had to deal with were the idea that Gentura is bound by and coincides with the laws of Candore. Gentura is more obligated to its country of residence. Very few laws of the United States will have any matter in this country. CadMex Pharma also had to accept that there may be a loss that would be beyond their control to a degree. In order to have some profit or gain at all, the company would most likely have to agree to a percentage of loss. Some practical considerations of taking legal action against a foreign country are the uses of arbitration and mediation, as well as using the choice-of-law clause, which helps decide which law will serve as a better resolution in case an issue arose between the parties.…
Chem-Med is competitive with Pharmacia in terms of Current Ratio and Return on Equity. But Chem-Med turns over inventory much slower than Pharmacia, at 1.08 times per year versus Pharmacia’s 5.8 times. Chem-Med also utilizes assets more poorly, generating sales equal to only .8493 times total assets compared to Pharmacia’s 1.9 times.…
In the case of CadMex the factors that could work against their decision to sublicense is Gentura could decide to sell the product to the highest bidder. However, sublicensing a product related to sales, marketing or advertising would need to be stated within the contract with restrictions and conditions. With issues in foreign customs and laws the company could have conflicting issues. Employees working within the company may have religious belief and laws set for certain days of the month it is the company’s…
One factor that could work against CadMex is the political influence that is held in the Gentura company. The country Gentura is located in is Candore, the government owns the majority stake in the company. Candore has a court system that has recently been restructured, and not always been fair with cases brought to court.…
Some of the factors that could work against CadMex's decision to grant sublicensing agreements are the time and cost involved, and ensuring quality standards of drugs produced by sublicensing. In addition, the Candorian government may not want to do sublicensing because a generic drug is more affordable for the population.…
In this particular simulation, 3 main factors can work against CadMex’s decision: Time, costs and ethical/cultural issues. CadMex would be looking at a substantial investment in both time and costs in ensuring quality standards of drugs produced by sub-licensees. On the other hand, as CadMex establishes work processes in a different country, it must find a way to align its own ethical guidelines with the host country’s existing ones.…
The pharmaceutical company is made up of a number of different functions and departments. Each of these functions is given a responsibility in one area of the company’s activity. These departments are closely related and the success of the company is based on the ability of these functions to work together. The pharmaceutical companies rely on research and development to find new and innovation new drugs. In order for a drug to enter the market it must undergo a series of tests and clinical trials. There are phases the drug must go through and complete in order to meet the requirements of the FDA. The development of a drug is an ongoing journey, and it can take up to 12 years to develop a drug (Pharmaceutical Patents 2006). The pharmaceutical company uses…
In this simulation CadMex Pharma a pharmaceutical company in the U.S and Gentura a biotech company in the country of Candore are facing international contracts, transactions,, and sublicensing agreements. Gentura will provide licensing rights to their hypothetical anti diabetic drug in exchange Cadmex’s global experience and quick manufacturing techniques hoping to lead them into a bigger profitable company.…
Henri Termeer started Genzyme Corporation with ten employees and then grew it to a corporation that now has four billion in sales per year. Genzyme is a biotechnology company that specializes in finding orphan drugs, which specifically cure enzyme deficiency conditions. To offer a brief explanation, an orphan drug is a pharmaceutical agent developed to cure a rare, orphan, disease. In order to find the cures for these rare diseases, technology using living biological systems and living organisms is used, which is known as biotechnology. In order for a biotechnology firm to succeed time is needed to give the firm the opportunity to find a successful product. According to Mr. Termeer, this requires that upon investing in a biotechnology firm you wait for results and the investment is long term.…
Founded in Mexico in 1906, CEMEX has grown from a small regional company to a leading…
Products The company's product portfolio includes many world leaders and a number of high potential growth products: Arimidex (cancer), Crestor (cardiovascular), Nexium (gastrointestinal disease), Seroquel (schizophrenia) and Symbicort (asthma and chronic obstructive pulmonary disease). Profile – Active in over 100 countries with a growing presence in important emerging markets including China; corporate office in London, UK; and major R&D sites in Sweden, the UK and the US. It employs over 65,000 people (51% in Europe, 32% in the Americas and 17% in Asia, Africa and Australasia).…
The theory that best explains Cemex’s foreign direct investment (FDI) activity is that of internalization due to limitations of licensing or also known as the market imperfection approach. Cemex wanted to expand horizontally because it wanted to reduce its reliance on its home market and provide some stability in the demand for their product.…
In case of this company they have tried to combine the mutually supportive capabilities. They have tried to develop a business model by integrating the drug line and the production capabilities. Furthermore, packaging is arranged as a line hybrid process.…
In addition to being first to market , Raisio ' had the ability to sustain its market leadership through its patents relating to the production and use of the active ingredient ,…