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Running Head: INTELLECTUAL PROPERTY THEFT 1 Intellectual Property Theft Name Institution Course Date
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INTELLECTUAL PROPERTY THEFT 2 Introduction Intellectual property is one of the important aspects determined and protected by codes of ethics especially in instances where multiple organizations are working closely. This aspect protects the rights of possession, use and alteration of an invention (Mallor, 2016). In the medical context, pharmaceutical compounding is offered more criticality in terms of the same owing to its potential influence on the wellbeing of individuals and society in general. This study highlights the ethical and legal issues surrounding the promotion of new compounding drugs. Ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Marketing issues When it comes to marketing drugs, care and professionalism which is above typical client-supplier relationships is mandatory. This is because drugs should be sold not only for the purpose of making profits but also ensuring the consumers are safe and healthy. In short, the marketing should take into consideration the consumer’s safety as well as proper use of the drugs. The standardized [international] codes of conduct pertaining to the marketing of pharmaceutical products state that honesty, fairness and satisfaction should be observed. In PharmaCARE’s case, several marketing issues are evident. First, the fact that they used fictitious names from doctors to make marketing lists is wrong. The act suffices as wrongful information, corruption and breach of patient confidentiality. It is even more disturbing that all these acts were aimed at making profits and not making the patients better. The other marketing issue that PharmaCARE faces is that the production of AD23 did not adhere to the acceptable procedure. The fact that they changed some composition of the drug without conducting proper tests and also avoiding regulation and/or approval endangered the
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INTELLECTUAL PROPERTY THEFT 3 lives of the consumers. As the consequences showed, over 200 deaths caused by cardiac complications emerged. In short, the marketing and promotion technique used by the organization was unethical and fatal. Advertising issues PharmaCARE violated advertising ethics when they began targeting physician offices, clinics and hospitals. They did this despite knowing that compounding pharmacies are not allowed to do so. The advertising was wrong because they were selling a drug that was altered, meaning the provided information was false. Second, the fact that they focused more on their profits at the expense of the patients violated the rule of advertisement where both marketer and buyer must benefit. However, the biggest advertising failure is that they were advertising a drug that had not complied with the FDA. As such, the drug had the potential to harm people, which it did.
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