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Assignment 3 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Propert




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Assignment 3 Legal and Ethical Considerations in Marketing,
Product Safety, and Intellectual Property- PharmaCARE
Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Due Week 10 and
worth 300 points Review the PharmaCARE/CompCARE scenario in Assignment 2 to complete this assignment. Write a ten to
twelve (10-12) page paper in which you: Research three to five (3-5) ethical issues relating to marketing and advertising,
intellectual property, and regulation of product safety. Argue for or 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 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 with: o Utilitarianism o Deontology o Virtue ethics o Ethics of care o Your 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 (3) 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 (1) 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 (3) changes PharmaCARE can make to be more
ethical going forward. Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable
reference and proprietary Websites do not qualify as academic resources. Your assignment must follow these formatting
requirements Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations
and references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a
cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The
cover page and the reference page are not included in the required assignment page length. The specific course learning
outcomes associated with this assignment are: 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. Use
technology and information resources to research issues in law, ethics, and corporate governance. • Write clearly and concisely
about law, ethics, and corporate governance using proper writing mechanics.
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

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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 or community partners.
The internal stakeholders include; PharmaCARE, PharmaCARE’s
subsidiary firm CompCARE, manufacturer of the controversial
AD23.WellCo, a large drugstore chain, which
bought CompCARE from PharmaCARE. The employees of
PharmaCARE in Colberia,and also Allen Jones, Donna, Tom, and

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The external stakeholders include; The Government of Colberia, the
doctors prescribing AD23 drug, and the patients receiving treatment.
Both internal and external stakeholders are affected by the decisions
or actions the PharmaCARE Company makes.
Analyze the ethics of PharmaCARE’s treatment of the Colberia’s
indigenous population and its rank-and-file workers versus that of its
executives, it is important to consider many factors that are mentioned
considering the facts and figures of the case.
Ethics is about doing the right thing. Ethical behavior requires firms
to act in ways that stakeholders consider to be both fair and honest.
However, PharmaCARE’s treatment of the Colberia’s indigenous
population demonstrate cheap labor, the workers work for $1.00 a
day, harvesting plants by walking five miles a day. PharmaCare is
exploiting its workers by giving them a minimum wage whereas, it
making so much profit by marketing the drug directly to the hospitals,
clinics, and physicians offices, even though its not suppose to sell
drugs in bulk. The workers standards of living are below average
compared to the PharmaCare executives’ lifestyle of living. This
incorporates PharmaCARE being ranked unethical based on the facts
it does not fairly treat it employees as part of stakeholders who are
contributing to the production of the organization income.
PharmaCARE needs to review its code of ethics policy and make
necessary changes.

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