Legal and Ethical Considerations 3
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
Legal and Ethical considerations are a viable element in marketing, product safety and intellectual property, yet there continues to be the secret and unpredictable element that each organization cannot control, the employee. Ethical or unethical behavior is not entirely an issue of the character of the employee; it is determined by a lot of factors. Employees or people are influenced by the forces surrounding them
their peers, their superiors, the reward system, group norms, and organizational policies and values. In this assignment, we will revisit the organization PharmaCARE and how legal and ethical considerations affected their decision making in marketing, product safety, and the intellectual property of Colberia.
There are many
ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. We will look closely at a few and how these have a common component that must be included for an organization to have a strong ethical and legal relationship.
Marketing and Advertising
Every aspect of the marketing and advertising mix is subject to laws and restrictions. Every marketing manager will be confronted with how they must address ethics and law. Each marketing executive knows that rarely are there cut and dry answers to ethical issues that will arise during the normal course of business. (Lamb, McDaniel, & Hair, 2010). One ethical issue that will occur in marketing is how to be socially consensus. When a product is being marketed and advertised to a particular group, there must be ethical consideration of how this will affect the people you are targeting. Will this be considered stereotyping? Is this offensive to a particular
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