Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property

There are numerous issues that relate to the attribute intellectual property, advertising as well as regulations in the contemporary workplaces. All the components of marketing, as well as advertising mix are regulated by the diverse laws along with limitations. The ethical attributes are reliant on the social code as well as the daily morality considering that the discussion relates to the subject of customer loyalty abortion and stem cells. The issues in this assignment result to the invoking of certain serious arguments which prove the fact that there are certainly ethical issues which are to be taken into consideration and that they have to be addressed. These ethical attributes that companies face are in most cases within the attributes of the morals as well as principles of the right and the wrong actions (Davidson, 2002). The study is on the moral accreditations in the context of the attributes that are considered to be right by individuals who are in particular professions. The overall ethical attributes, however, emanate from the attributes of advertising, suppliers, personal selling, contracts, and pricing. The chief ethical components that relate to businesses revolve around the issues of market research, audiences as well as pricing. The common attribute that revolves around the subject of markets research is the fact that it has a high likelihood of invading the consumer privacy. The additional attribute is the fact that there is a high likelihood that the implementation of the research is going to be on the stereotypic attributes, which is unethical conduct. It is imperative that organizations employ the market research as a marketing tool as well as a model of obtaining feedback of their performance (Halbert & Ingulli, 2012). About the issue of selecting the market audience, there are certain attributes that could contribute to the development of unethical precepts. Among the unethical issues that arise during the market, a selection is the fact that it is unethical for organizations to exclude the potential customers in the assessment of the target market. It additionally raises the issue of differentiation of customers in the context of selective marketing as well as targeting the clients who indicate some form of vulnerability. The issues of predatory pricing along with price discrimination encompass the additionally unethical attributes through which businesses can negatively impact the purchasing decisions of their clients. The exploitation of the social paradigms is the additional attribute in which the cultural, as well as ethnic sensitivities can make a certain group find come models of marketing offensive (Lindgreen & Swaen, 2010). Post purchase dissonance is additionally the other ethical attribute that characterizes the contemporary businesses in that the attributed depicted in the advertisements are not what the customer gets from the purchase of the product. An additional unethical issue in the intellectual property encompasses failure to pay the party that innovate a product as a result of the time and research that is committed in the development of the product. It is additionally unethical to offer intellectual property rights to products that have not been passed through adequate research. PharmaCARE does not have the research in the AD23 as well as the fact that it had not passed through the FDA considerations before the marketing of the products, the attributes that make their conduct unethical regarding product safety as regulated by the FDA.
The argument relating to the issue of consumer direct marketing is a tricky issue to argue for as well as against about the fact that although there are the evident demerits to the approach, it also has benefits for the consumers. Direct to consumer marketing encompasses multiple discussions particularly relating to its adoption by the pharmaceutical companies. DTC approach allows the direct marketing of products to customers by pharmaceutical companies. In this case, the companies’ possess the advantage of being in a superior situation for the identification of the patients’ needs in addition to being able to influence their decisions. In support of the Direct-to-Consumer marketing by drug companies, it offers an opportunity for the consumers to be conscious of the drugs that are on the market (Davidson, 2002). The application of the DTC marketing presents an opportunity for the consumers to learn about the side effects the drug may be caused, along with the purposes of the drug regarding the health of the human body. Ensuring that consumers are aware of a drug in the market that help or otherwise harm them either in the short or long run is very significant. The state of affairs, in this case, prove advantageous to the patients in that through the adoption of the DTC, companies will be in a superior state of discussing their products with patients. Additionally, the implementation of the DTC by the pharmaceutical companies supply the patients with the effective information concerning drugs, enabling their clients to possess better skills in the administration of the drugs as well as assisting them to stipulate the accurate use of a drug (Sullivan & She, 2003). Furthermore, DTC present education along with support to the patients about their wellbeing moreover medical care, motivating their clients to take the prescribed drugs.
On the other hand, the use of DTC by pharmaceutical companies reduces the duration that patients take in the implementation of their evaluation. In this case, by the adoption of the DTC, drug companies are rarely motivated to undertake adequate research and consequently evaluate the consequence of their drugs on the patients. The companies fail to conduct due research in evaluating the side effects of their drugs before administering them to the patients. The repercussions of this situation are the fact that it is going to cause significant damages to patient’s health. It is the same case that PharmaCARE is facing. In this case, the company is facing negative consequences because of their drugs as the company was failed to implement adequate research before the administration of their drug (Lindon, 2012). Owing to the direct marketing, patients do not see the need for taking the advice of the doctor involve themselves in self-treatment, an attribute that on most occasions cause major risk to the patient’s life (Sullivan & She, 2003). Because the main rationale for the operation of the pharmaceutical companies it to promote the health as well as the wellbeing of their clients, the possible harms that the model generates makes it and ill-advised marketing strategy and should thus be discouraged. It is thus imperative that the DTC model of marketing be discouraged for all the drug companies as their products have the possibility of impacting a huge population.

3. It is imperatively clear that the state pharmacy boards are going to proceed with the fundamental responsibility of the daily operations of the oversight by the state-licensed pharmacies that compound drugs in tandem with the terms of section 503A of the federal food, drugs as well as Cosmetic Act (FDCA). The organs that are responsible for the regulation of pharmacies under the present authoritarian scheme are a licensed physician, the licensed pharmacist, as well as the outsourcing facilities. The act of combining, Mixing, otherwise modifying a drug to adapt to an individual patient is a dangerous compound of the drug. The act of compounding drugs does not feature under the approvals of the FDA, which specify the assertion that the FDA does not consider the compounding as a safe attribute.

There is, however, an additional classification category whereby the pharmacies are referred to as compounding pharmacies (Noordin, nd). These pharmacies are focused on the distribution of atypical drugs. The pharmacies lay their focus on the production of drugs that have a different dosage for the drugs, which does not feature among the commonly produced drugs. The production of these of drugs is meant to help patients who have special needs. It is imperative that the compound pharmacies be analyzed and consequently licensed to facilitate the maintenance of a standardized drug improvement approach. It is vital in helping to uphold the quality levels along with ensuring their drugs fall within the Food and Drug Administration standards in the context of their inspections, mixing, preparation, packaging, moreover labeling of their drugs. With the objective of ensuring that the avoid FDA did not interrupt their business, PharmaCARE established the CompCARE to operate as their compounding pharmacy and to sell specific formulations to individuals on a direction basis (Halbert & Ingulli, 2012). It is imperative that the parties involved at PharmCARE and the FDA should have undertaken necessary measures to guarantee that product safety measures were implemented prior the release of any prescribed drugs to individuals. It is clear that PharmaCARE is will face legal exposure about its practice. My assertion, in this case, is that PharmaCARE will not be impacted as one would expect. The rationale for the assertion is the fact that PharmaCARE created an auxiliary CompCARE with the sole objective of shielding themselves from the FDA. PharmaCARE failed to specify that CompCARE was going to be an outsourcing facility to avoid inspections by the FDA.

4. PharmaCARE has managed to make use of both the United States and Colberian law to help them protect their intellectual property. The company managed to attain the protection of the US by designing a legal counsel, a strategy that acted to protect the company. The company additionally ensured that the licensing, as well as the subcontracts, encompassed details of the intellectual property language. These attributes made it possible for the company to monitor as well as analyzes all their markers in addition to upholding the due diligence (Lindgreen & Swaen, 2010). The company additionally registered and consequently secured all their trademark, patents and additionally accomplished complete border protection from the US and Colberian governments.

There are various ways in which the company could compensate John as well as the people of Colberia, with one of these ways being regarding the finances. The company pays a $1 a day, which is outright exploitation of the employees. The additionally evident poor living conditions of the individuals implies that the company is causing more pain in the lives of these individuals, thus by paying more will have a huge impact on ensuring that there is the improvement in the living conditions of these people. The additional means that the company can use in repaying John is by developing more manufacturing plants in the region as it would act to provide additional job opportunities for the residents (Noordin, nd). Additionally, the strategy will aid in the reduction of the costs for the individuals and also offer these residents with benefits as dental and medical care. The attribute is going to assist in bringing facilities like water and other social amenities. The other strategy that the company can employ is in assisting the population by offering education opportunities to their people as well as sponsoring the education of the children. The strategy is going to help these residents to construct schools improving the individual skills and thus aiding the nation improves in a huge manner.

One of the recent examples of intellectual property cases relates to the high-tech industry in the US whereby Oracle sued against Rimini Street. In this case, Rimini Street offers Oracle with support service. Oracle argues that Rimini engaged in deception, unfair competition, copyright infringement, unjust enrichment as well as breach of contract and with Oracle. The dispute was heard in Las Vegas District Court, with the court dismissing the arguments by Rimini and found that the claims by Oracle were true. The Court ruled in the favor of Oracle with its claims about Rimini Street and its involvement in the gigantic theft of intellectual property being proved true. The intellectual property theft of Oracle resulted in the loss of its secrets concerning database system, which impacted the company’s profit since the secret programs copied made it impossible for the company to secure their unique product features. In additionally the theft impacted the company’s reputation negatively as the clients developed fear about the protection of their sensitive data that is in the custody of the company.
There are numerous issues that relate to the death of john’s wife. John is one of the individuals who carried out the research on the invention of AD23. Among the issues that resulted in the death is the failure of legal consideration by FDA in towards the regulation of the drugs according to the standards set by the FDA. PharmCARE developed pharmacy product known as CompCARE with the objective of avoiding the scrutiny of the FDA (Noordin, nd). CompCARE was one of the low-cost companies and was administering very low cost for their renovation along with marketing efforts. The company employed direct marketing to the patients along with companies, an attribute that was unethical since compound companies selling products in bulkiness are not permitted to use DTC. In light of the DTC marketing, the company did not have an adequate opportunity to evaluate the reaction of the drug on their consumers. John’s wife is among the heart attack victims after consuming AD23 (Lindon, 2012). The company’s lack of research on the drug, the lack of testing along with evaluation and the consequent greediness for profit is the main explanation for the death of a large number of people who used AD23 including John’s wife.
One of the most important attributes that make an employee risks their life is in becoming a whistleblower in issues that the organization is making profits on and would like kept a secret to avoid the consequences. Additionally, it is common that the politics that arise in the company when one tries to report on a certain illegality in the company can make them lose their jobs. In this case, all the concerned authorities should base their focus in ensuring that John receives a fair treatment from the company and that his welfare is adequately protected. John should additionally be given armed protection considering that he is at the center of the drug that is killing people and the fact that there is a huge liability on the side of the company, some people may say which to harm to ensure that he does not become a witness.

Factors that influence disease

Hemophilia
Case

A 24-year-old white man has a diagnosis of hemophilia at the age of about 5 to 6 years. He has recently visited the hematology clinic for the follow-up after hospitalization for an accidental knife cut that caused excessive bleeding. The patient has a history of excessive bleeding from tooth extraction, excessive bruising since childhood and the upper gastrointestinal bleeding in the past three years. He has reported chronic pain of his joints and ankles and denied hemarthroses. The patient has given reports about the episodes of excessive bleeding treatment by use of factor VIII and fresh frozen plasma (Remor, 2013).

The patient has the FVIII deficiency (hemophilia A) which is a common type of hemophilia that affects about 5, 000 males at births. The disease approximately affects about 25, 000 people in the United States. Individuals with hemophilia suffer from deficiencies in clotting factor. The mild hemophilia bleedings problems do mainly occur after surgery, trauma and injury. The condition can accompany some symptoms. Almost 25% of the population with hemophilia has the mild deficiency. Those with moderate hemophilia experience bleeding episodes after minor injuries and may lead to spontaneous episodes of bleeding. The server hemophilia happens after trauma, injury and surgery. It has the spontaneous bleeding into muscles and joints characteristics. Recurrent bleeding of the joints also known as hemarthrosis causes hemophilic arthropathy that causes disability at a very young age (Department of Genetics 2015).

Causes

Hemophilia is a disease happening as a result of gene mutation, and it is a genetic disease. About 70% of hemophilia cases are inheritable from parents. However, the other 30% of patients do not have the family history. In such cases, the main cause of the condition is by a spontaneous gene mutation during the fertilization stage. Hemophilia is also a condition that is linked to sex since the FIX and FVIII geneses are found on the X chromosome. It is the chromosome X that determines the gender of the baby. Thus, the condition’s clinical manifestation has a link to sex. Therefore, females may not express the bleeding symptom like the males (McPhee, & Hammer, 2012).

Pathophysiology
The main source of factor VIII (FVIII) production is thought to be from the reticuloendothelial and the liver system. Transplantation of the liver can correct FVIII deficiency to persons with hemophilia. It is because of the increasing cases of individuals with mild hemophilia having progressive liver diseases. Thus, it is an indication that the liver is the main site for FVIII synthesis (Cayir, Yavuzer, and Sayli, 2014).

The RNA messenger for FVIII is also detectable in spleen and liver among other issues. Studies indicate that the production of FVIII in cells lines that are transferable show that after synthesis the FVIII shifts to the endoplasmic reticulum lumen. It is then within other protection that functions in regulating secretion. It particularly regulates the immunoglobulin binding protein in which it has to dissociate in a process that depends on energy. The FVIII’s signal peptide cleavage, as well as oligosaccharides, also takes place in the endoplasmic reticulum. The calnexin, chaperone proteins, and calreticulin, enhance both FVIII degradation and secretion. Regarding genes, the location of the FVIII (F8C) is at the X chromosome arm at Xq28 region. This gene becomes large comprising of 25 intones and 26 exons. A mature FVIII will have about 2332 amino acids. FVIII deficiency is as a result of gene inversion that causes disrupt to the FVIII gene. The disruptions are insertions, point mutations, and deletions. The low levels of FVIII happen as results of external FVIII gene defects (Huether, &McCance, 2012).

Training to be a.Net Programmer

Plan

Training is an essential activity to a programmer as it gets one equipped with the required skills and good knowledge of acquiring competence in the field of programming. I got my iteration of training into several tiers. I began with preparation for the upcoming training. The preparation defined the first division of my activities during the implementation of the training program. The process took a duration of three days where I got involved in reviewing the concepts related to.NET technology. Alongside that, I had to have a good understanding of what it entails a.NET programmer to possess, so that to get acknowledged according to his/her competency.

The second phase of the iteration was the development of the training which was outlined in five typical stages. I began with defining the needs that had purposed me to conduct the training on.NET programming. The needs were the major inputs for me to determine the training objectives easily. The training objectives were defined to enable me to have the good knowledge of what I am supposed to gather during the training session. And this was the second stage of the training program

The follow –up sub-session of the training session was the individual assessment of what I have before getting into the actual training process. This phase was once more a session that was conducted to outline the aspects I understand about the.NET programming career. The activities prepared me well for the actual training. After that, I got to the fourth stage where I was trained of all that entails.NET programming. I finalized the session by measuring or rather assessing myself over the knowledge acquired. The training process took the duration of seven days.

Action
The training was undertaken with the aim of getting me with the knowledge and good understanding of.NET programming. I began the implementation of the iteration by undertaking a preparation towards the actual training. I went to the nearby cyber café in the city center where I had to surf the internet for the.NET programming tutorials. In supplement to that, I consulted the.NET programmers who provided the guideline on the things that I have to make sure that I possess to get regarded as a competent.NET programmer.

I moved to the actual training session. During the program, I outlined the need for the training and it was revealed to be a guideline to getting the knowledge.

I defined the objectives of the training process. These objectives were obtained from a brainstorming session where I analyzed the information from the.NET programming experts and the research undertaken. I extended my assessment through outlining what I know and understand about.NET programming. The activities enabled a good preparation for train session. I got into the training processes where I began with understanding the.NET technology concepts. I moved to outlining and studying the tools applied by the.NET programmers. Subsequently, I got trained in the skills that I have to possess as a.NET programmer as well as the roles, duties and responsibilities that are undertaken by a.NET programmer.

After finishing the training, I went ahead to have an assessment of what I had learned. The trainers gave me some testing scenarios where I had to respond to an approach as a.NET programmer. The training had equipped me with the mechanism of coding and approaching different situations. The assessment defined the end of my training session that was concentrated on the programming mechanisms as far as.NET technology is concerned. Alongside that, I moved to undertake the personal practice of the knowledge acquired.

Observation
The training was educative as I acquired very useful knowledge that I believe can get me grow well in my career. The prior action of training preparation got me to discover that the organization had a well-organized archive that had good guiding materials to trainees. The materials obtained outlined the basics and details of expectations of the.NET programmer. The.NET programming had a major concentrate on designing applications that are internetworked oriented. The applications were focused on their accessibility to the network, and it meant that the skills required must have to do with internetworking.

The training process began with the appreciation of the.NET technology where the trainers described the Java technology, the ASP. NET, XML and extended to the.Net programming languages such as the Java language, Javascript, PHP, CSS, HTML and others. It was a very educative session. They coding procedures were also described and they instead on having a pseudo codes and flowcharts to easy the task of coding as they describe the modules and utilities of the application.

The desirable skills that a.The net programmer should possess included the database working skills, good knowledge of design patterns, programming analytical skills, strong ability with object oriented programming (Wallen, 2005), skill sin SQL server. Good skills with scripting languages such as the HTML, DHTML, CSS, XML, JavaScript, VBscript, Ajax and others. In-depth knowledge in software development lifecycle. Also, good analyzing, communication, presentation, reporting and interpersonal skills are desirable.

A.NET programmer has some distinctive roles, duties and responsibilities. They got defined and implemented according to the competency of the candidate. However, the main responsibility and duty are to develop applications, implement and support the software and the web pages.

Reflection
The.NET programmer training was a good mechanism for getting me equipped with the required knowledge that can get me determined in undertaking the responsibilities and the overall growth of application developing a career (Mattwriter, 2015). The entire training process got associated with some challenges such as the difficulty in outlining some aspects during the practical session. The theory part was concentrated much than the practical, and this got me some difficulties in responding to the scenarios assigned. However, I appreciate the advice of Mr. Kim, the company.NET senior programmer who requested me to have a good study and understanding of aspects relating to the topics of study.

The definition of the training objective process was easily handled as I began with describing the basic need for the training. The training needs to be described the objectives. The assessment of my understanding was also a good and enjoying session that got me enough courage in handling aspects as well as other technical utilities. The IT department ensured the availability of development and practice tools. The tools made the activities much friendly and easily handled.

In my opinion, the entire process was successful by it was my wish that the senior and professional persons in the developing section were our trainers. This could have got the process more friendlily and much could have been gathered as the world is dynamic and diversifying in all directions. The training was not enough, and I had to interact with the experts in the field to have a good understanding of the required skills.