The Aspects of Pharmacare - Research Paper Example

PHARMACARE/COMPCARE ETHICAL ISSUES The ethical issues relating to marketing and advertising include but are not limited to illegal advertising. From the case of PharmaCARE, PharmaCARE engaged in illegal advertising of its services as well as the availability of AD23 (a new drug manufactured by PharmaCARE with the help of its sister company CompCARE) to its consumers and directly marketing the drug to hospitals, physician offices and clinics. However, there is a prohibition against sale of drugs for general use in bulk by compounding pharmacies. The intellectual property issues involved include breach of patent. Use of traditional medicine by the indigenous people involves the use of biological resources, which is made use of by the knowledge of local and indigenous healers as regards their medicinal use. This means that the healers have the right over their resources and knowledge, and it was wrong for PharmaCARE to make use of their knowledge and resources. Traditional medicine usually involves biological resources and the knowledge of local and indigenous peoples and/or healers regarding their medicinal use; thus, it is interlinked with biodiversity conservation and indigenous peoples rights over their knowledge and resources. As regards regulation of product safety, there is the issue of selling sub standard medicine to consumers. For instance in the scenario, PharmaCARE reformulated their drug to so that they can maximize the progression of Alzheimer’s disease and make more sales. In addition, there is the issue of selling drugs which cause heart attacks to their consumers and endangering their lives. PharmaCARE has created numerous social problems in Colberia through extensive business practices that endanger their lives.    The case against Direct-to-Consumer marketing Direct to Consumer marketing by drug companies is harmful in a number of ways. Due to the unlikelihood of proper oversight, it is likely that consumers may be harmed by misleading advertisements. A good example of this is the advertisement run by Takeda Pharmaceuticals North America Inc. in the summer of 2006, which was meant for insomniacs. The advertisement said that their dreams miss them and that Rozerem, the sleeping pill, would re-unite them. For doctors/physicians, the fear runs high in that the doctor-patient relationship is ruined and patients request for drugs that they do not need. Who Regulates the Current Regulatory Scheme? And it should have done in this Case The Food and Drug Administration is in charge of regulation of compounding pharmacies under the current regulation. In addition to that, the state plays an important role in regulation of compounding pharmacies. The role of the food and drug administration involves regulation of food, biological products, drugs, and devices. Under Section 21 of the USC 351(a) (2) (B), drugs that are not manufactured in accordance with the good manufacturing practices are deemed to be adulterated and should therefore be sanctioned. Compounding is also prohibited under federal law where the drug or product in question presents large difficulties that make it unsafe and ineffective. In this scenario, the Food and Drug Administration would have carried out a supervisory role. In addition to that, the administration would have been the licensing body to PharmaCARE, and it would have revoked their license for selling sub standard drugs to consumers. In addition, the Food and Drug Administration would have prohibited entry of the drugs to the market. The Food and Drug Administration should be given more powers so that it can effectively manage ethical issues of pharmaceutical companies, harmful drugs and misleading advertisements for better protection of the general public. Decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in accordance with: Utilitarianism The utilitarianism theory emphasizes on the greatest good for the greatest number as forwarded by John Stuart Mills. The theory emphasizes on the greatest happiness principle which basically means that the morality of an act is determined by seeking to promote the greatest happiness for the most number of people. Whether PharmaCARE’s use of Colberian Intellectual property is ethical will depend on whether it produces the greatest good for the greatest number of people. The question in this case would be; does the use of Colberian’s Intellectual Property by PharmaCARE produce the greatest happiness for the greatest number of people? In this case, the use of Colberian’s intellectual property would be unethical. Deontology The deontology theory is duty based, and it is concerned with what people do rather than the consequences of their actions. It is also called the non consequentiality theory because it doesn’t concern itself with the consequences of the act in question. According to the duty based theory, acts are right or wrong due to their nature and people have a duty to do the right thing regardless of the consequences. The focus is on whether the act adheres to independent moral duties. For one to act morally, they have to understand their moral duties and act in accordance with them. In this scenario, the use of intellectual property is unethical. PharmaCARE should understand their moral duties to the Colberian people and act in accordance with their moral duties. In this case, the ethical thing to do would be to at the very least compensate the healers for the use of their intellectual property rights. Failure to do so would be immoral and unethical in the circumstances. Virtue ethics The virtue ethics theory takes a different approach from the deontological and utilitarianism theories. In this case emphasis is placed on helping people develop good character traits rather such as generosity and kindness rather than the rules people should follow. Development of good character traits will in turn help people make the correct decisions in life, and it focuses on helping people learn to avoid and break bad character or habits. The questions to be asked in this case are; what kind of person do I want to become; what virtues are characteristic of that person; and what actions will cultivate the said virtues. In this scenario, the question is whether good character traits have been developed and PharmaCARE will still have acted unethically. Ethics of care Ethics of care theories place emphasis on the role of a mutual interdependence and emotional response which is an important part of our social lives. According to the theory, most relationships among humans are comprised of vulnerable, ill, dependent and frail people, and there is a desirable moral response which is respect for rights and an attached attentiveness to needs. According to ethics of care, people who can act from obligations governed by the law without any attachment and alignment to feelings like worry when a friend suffers do have a moral deficiency. Moreover, identifying with the needs of other people and being alive to their circumstances comes from emotions rather than reason. In our case scenario, it is clear that according to the ethics of care theory, emotional response and sensitivity to specific situations are an important guide to decisions which are morally acceptable. It is clear from this that the breach of intellectual property rights of the Colberian community by PharmaCARE show neither sensitivity nor emotional response and will therefore pass as immoral and unethical. Your own moral / ethical compass In my view, it is immoral and thereby unethical for PharmaCARE to make use of the knowledge and skills of the colberian people without paying any attention to their needs as a society. PharmaCARE acted in disregard of both the law and duty to community and instead perpetrated a lot of injustices against the colberian community. In my view, their actions were unethical and they were devoid of morality. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co- opting intellectual property in Colberia. PharmaCARE has used the US intellectual property Law to protect its rights and interests by registering their trademark in the United States (USAID, 2003). However, it is important to note that trademarks are territorial and need to be registered in every country where the company is carrying out operations. However, there is no indication whatsoever that a trademark has been registered in the African Nation of 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. Injunction An injunction should be issued against PharmaCARE to prevent them from further using the intellectual property rights without their consent and compensation. Damages The people of Colberia should be paid damages for infringement of their intellectual property rights. The main purpose of granting damages would be to compensate them for the damage done by PharmaCARE. PharmaCARE should also be ordered to pay both punitive damages and compensatory damages. Delivery up/Accounting for Profits PharmaCARE should be ordered to deliver all the drugs they made from infringing intellectual property, as well as be ordered to account for all the profits they made from the time they started using Colberian’s Intellectual Property to produce drugs. Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies. There are two ways in which a corporate shareholder can institute a suit against the corporation. This includes a direct lawsuit or a derivative suits (Leshchinskiy, 2014). A direct lawsuit involves the shareholder claim against the company. On the other hand, a derivative claim involves a corporate shareholder suing directors and officers on behalf of the company. Usually, derivative lawsuits are usually based on any harm that is done not to the shareholders directly but to the corporate entity, which emanates from the negligent or wrongful acts of officers and directors of the company. Any damages recovered usually go to the company and not the plaintiffs directly. In this scenario, shareholders of PharmaCARE and WellCo can successfully institute a derivative suit against the companies. Their claim would be based on all the harm done by the two companies to the company’s name and image. Determine whether or not PharmaCARE lives up to its brand. Support the response. PharmaCARE does not live up to its brand name in any way. The brand name suggests that the company is committed to provision of pharmaceuticals while caring for the consumers. However, PharmaCARE has conducted business without any regard for human safety and health. First, PharmaCARE produces sub standard drugs that have the effect f causing cardiac arrests thus endangering the lives of their consumers. Moreover, PharmaCARE conducts business in Colberia without caring for their environment thus endangering the lives of the people of Colberia. Besides that, PharmaCARE exploits the healers who take pride in their traditional medicine and refuses to compensate them even though they make huge profits from exploitation of the knowledge and resources. Brands are a psychological representation of the organisation and they represent both the image and promise made to people (Ambrosi, 2013). Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward. Internal changes PharmaCARE should get proper registration and ensure that the working environment is safe and healthy for the workers. They should also promote accountability by PharmaCARE should pay damages to the families of the people who lost their lives due to the effect of their harmful drugs and also remove the harmful drugs from the market. In addition to that, the employees who were fired should be reinstated back to their positions and damages paid to cater for medical expenses and unlawful dismissal. PharmaCARE should also come up with an agreement between them and the Colberians to safeguard the interests and intellectual property rights of the Colberian’s. In addition to that, they should promote a good corporate image by helping the people of Colberia get water and electricity while benefiting from their indigenous knowledge. References Ambrosi, J. (2013). Living up to the Promise- Does your Brand Deliver? Leshchinsky, P. (2014). Suing a Corporation as a Corporate Shareholder. USAID. (2003). Intellectual Property and Developing Countries. Read More