Leg 500 Assignment 4 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property

690 Words Sep 3rd, 2014 3 Pages
LEG 500 Assignment 4 Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to …show more content…
John has come to you with an internal company memo describing the potential problems with AD23, and information describing the company’s willingness "roll the dice" and continue to market the drug. Your senior partner has asked you to write a memo outlining the following issues for review by the senior partners. In preparation for this assignment, use the Internet or Strayer Library to research examples of intellectual property theft that occurred within the past two (2) years. Write an eight to ten (8-10) page paper in which you: 1. Research three to five (3-5) 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. 2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. Provide support for your response. 3. Determine the parties responsible for regulating compounding pharmacies under the current regulatory scheme, the actions that either these parties or the FDA could / should have taken in this scenario, and whether PharmaCARE could face legal exposure surrounding its practices. Support your response. 4. Analyze the manner in which PharmaCARE used U.S. law to protect its own intellectual property and if John has any claim to

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