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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:
    • Utilitarianism
    • Deontology
    • Virtue ethics
    • Ethics of care
    • 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

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