Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
Abstract
In this paper, using technology and information resources for research, I will analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations. Analyze and evaluate laws and regulations relative to product safety and liability. Explore copyright laws and intellectual property rights and assess how well they balance competing interests. My research shall consist of three to five ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Argue against Direct-to-Consumer (DTC) 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 the PharmaCARE 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 with: Utilitarianism, Deontology, Virtue ethics, Ethics of care, and my own moral / ethical compass. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. 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. 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. Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies. Determine whether or not PharmaCARE lives up to its brand. Support the response. Recommend at least three changes PharmaCARE can make to be more ethical going forward.
In this paper, using technology and
Abstract
In this paper, using technology and information resources for research, I will analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations. Analyze and evaluate laws and regulations relative to product safety and liability. Explore copyright laws and intellectual property rights and assess how well they balance competing interests. My research shall consist of three to five ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. Argue against Direct-to-Consumer (DTC) 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 the PharmaCARE 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 with: Utilitarianism, Deontology, Virtue ethics, Ethics of care, and my own moral / ethical compass. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. 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. 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. Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies. Determine whether or not PharmaCARE lives up to its brand. Support the response. Recommend at least three changes PharmaCARE can make to be more ethical going forward.
In this paper, using technology and
References: David, F.I. & PL, J. (2013). Compound Pharmacy Regulatory Update: Senate to Vote on Proposed Legislation Granting FDA Broad Authority to Regulate Compounding Dobson, J. (2011). Applying Virtue Ethics to Business: The Agent-Based Approach. Retrieved from http://ejbo.jyu.fi/articles/0901_3.html. EBENI (2007). Utilitarianism. Retrieved from http://ebeni.wordpress.com/decisions/theories/consequences/utiliarianism/. FDA U.S. Food and Drug Administration (2011). Pathway to Global Product Safety and Quality Henriques, A. (2012). Would Changing the Rules Make Business More Ethical. Retrieved from http://www.theguardian.com/sustainable-business/rule-change-business-ethical. McKee, M. (2004). Skirting the Law; Under NAFTA, Foreign Companies Can Avoid American Courts Rolett, B. (2013). Embattled Drug Firm Sued By Shareholder. Retrieved from http://www.richmondbizsense.com/2013/07/18/embattled-drug-firm-sued-byshareholder/. Thompson, C. (2013). Pharmacy News. Retrieved from http://www.ashp.org/menu/News/PharmacyNews/NewsArticle.aspx?id=3887.