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PharmaCare

Justine Archie

Strayer University

MARKETING

 

 

 

 

 

 

 

PharmaCare

Justine Archie

Lateefah Muhammad

LEG500

12/7/2014

 

 

 

 

 

Marketing

Marketing is a methodology of establishing a relationship

or communication of the quality of a product or service to a

merchant, for the aim of exchanging that product or service.

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MARKETING

Techniques of marketing include the choice of the target

markets though market analysis and the market perimeter. It is

consumer's concern behavior and product advertisement of the

customer value. From custom point of understanding, marketing

is referred to as the linkage and interconnection between a

society’s materials that require its economic model of

feedback. Marketing fulfills these needs and wants through the

process of exchange and developing long term relationships.

Market combines art and applied sciences and utilizes of much

use of technological information. (Godin, 2002)

Market ethics refers s to specific areas of applied

ethics deals with moral values and principles of the function

or operation and prescriptions of marketing. Major areas of

marketing include standards of advertisement together with

promotion. Fundamental issues in the ethics of marketing are:

(I). Marketing frameworks possible analysis

 -It is concerned with value-oriented framework, basis on

ethical analyzing problems of the value with which they

encroach for example honesty, autonomy and transparency

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-Orientation of stakeholder structure and analyzing of

the ethical issues core on whom they affect such as the

consumers and competitors.

-The process of the framework orientation that involve

analyzing of the moral problems basing on the categories used

by the market specialist such as research, the price tag,

promotion, or placement.

None of the above frameworks will allow, by itself a pure

and category that is complete with a great variety of results

in marketing ethics.

Another essential issue in the ethics of market is power-

based analysis. Opposite to popular impressions, adversarial

is not applied to all markets, and not all favored marketer

that are stack in marketing. In marketing, the association

between the producer and the consumer or the buyer or the

seller can be cooperative. For example, if the marketing

situation is collective, another aspect of difference will

arise, explaining the power equality between the

producers/consumer or the buyer and the seller. The ability

may be intense with the producers, but elements such as over-

supply or legalization swap the ability towards the consumer.

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Ability to identify where the ability in the relations lies

and whether the balance of power is relevant at all. It is

good to understand the history to an ethical quandary in

marketing ethics.

Market research: refers to collection and interpretation

of information about the consumers, competitors and efficiency

in marketing producers. The businesses can make Basic on the

market research decisions on how to respond to the market

issues. Thus, it leads to a better level of understanding on

how the business has to adapt to the changing market. Mostly

is used to establish which part of the population will or does

product purchase, based on sex. Age, location, level of income

and other variables. This type of research sets companies to

learn and understand more about history, current and the

available potential customers together with their likes and

dislikes. Unethical market research affects people like

public, respondents, client and the researcher. There are two

ways of approaching privacy that is Free Market and Consumer

Protection.   Free market approach, business entities are

broadly allowed to do what they fill like doing. Having

expectations that the user will make a choice to do business

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with corporations that respect their privacy to a certain

desired degree. If the privacy lives of some particular

companies are not appreciated then eventually they lose the

market share. Approaching consumer protection, in contrast it

is a claim of the a corporation not actually have that time or

a piece of knowledge to make informed choices or may lack

valuable alternatives that are available.

 Audience of marketing: some of the dangerous ethics

points are exclusion of the potential customers from

marketing. Being selective is used to discourage demand from

unwanted market sections. Example of unwanted/unethical market

exclusion or market that is selective is past industry

attitudes to the gay. Minority of ethnicity and obese markets

that are contrary to the known that mixing ethics and profit

is entirely impossible. (Godin, 2002)

Ethics in advertising include

Content: Dangerous ethics during the advertisement

content are

The issues are arising from the truth and honesty. Today

if an advertiser fails to tell the exact truth not only goes

against values but also against the rule of the law.

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An issue relating to violence, sex and unholy. Mostly sex

that is in use in advertising yet  also referred as a way of

sexual harassment.

Taste and controversy. Advertising of some of the certain

products offends particular people while at the same time

being in the interest of the others. (Ries, 2004) (Mantus,

2014) (Attorney, 201)

Negative advertising approach such as the advertiser

highlights the disadvantages of the product of the competitors

rather basing the merit of their own.

Delivery reports: These are,

Direct marketing is the most of advertising channels that

are controversial particularly when approaches are

Unduplicated. Commercial televisions and direct mailing are

typical examples

Native advertising is the crisp of lines between the

advert and the content.

Deceptive type of advert and ethics: This form of

publicity is not unique to one target market and at times it

can unnoticed in the market. It has many ways of being

accomplished. One of these methods is through humor. They use

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MARKETING

humor as a device to mask and mislead the potential

customers. (Ries, 2004)

Intellectual property refers to exclusive rights that are

recognized legally to the development of the mind. Under the

laws of the intellectual property, owners of intellectual

property are indeed granted exclusives rights. Types of

standard intellectual property are copyright, trademarks trade

dress, etc. There are common types of intellectual property

rights that include

Patents: an inventor is granted the rights not to include

others from making, using, selling and importing the invention

for a certain period that is limited. An invention is

technological problem solution that may be a product or a

process.

Copyright: a copyright gives the developer the original

work ad exclusive rights to it, usually for a limited period.

It may be related to a broad range of creative, intellectual. 

It does not protect the idea and information itself only the

type or form of action which they are being expressed.

Industrial design rights: it covers the visual structure

of objects that are not purely utilitarian. The design of the

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industry consists of the creation of a form, settings or

composition of pattern in three dimension structure form

containing esthetic values.

Trademarks are a sign, design or expressions that admit

that distinguishes products and services of a certain trader

from products that are similar or service of particular

merchants. (Attorney, 201)

Regulation of product safety refers to power to develop

secure, and standard products show unreasonable or essential

risks of damage or deaths to consumers. It also agrees to

terms to ban a product if there is no achievable approach.

These regulations are numerous, and they include such laws as

the poison prevention packaging.

Basing on the first question the PHARMCARE violated some

of the regulations which

Violation of the product safety since the medicine that

they were selling AD23 that was publicly linked to over 200

cardiac deaths.

It also violated the ethics of advertising since they

were advertising a product that was harmful to human with 

their of making more profits

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PHARMCARE also violated the principles of market whereby

allowing COMPARE to use their reputation and also there

database networks and sells, marketing expertise to sell their

products.

 

 

 

 

(Godin, 2002) (Ries, 2004) Direct-To-Consumer (DTC)

Marketing.

I strongly support Direct-To-Consumer (DTC) marketing

since this form of advertising is specifically directed

towards patients rather the professionals of healthcare. The

responsibility of food and drug administration is regulated by

the DTC advertisement. DTC forms of advertising include the

used television, printing materials, radio and other forms of

mass communication and social media. DTC advertisement has

ethical standards and regulatory concerns. Specifically the

extent to which these adverts may be undeservedly affect the

prescription of medicines based on consumer desire when, in

some cases, they may not be medically necessary.

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Traditional 20th-century pharmacy compounding is the

development of an alteration pharmaceutical output by a

licensed pharmacist for a particular patient in response to a

prescription from a licensed health care trainer. State of the

pharmacy board licensed pharmacists and control store

activities, including compounding. The FDA does manufacturing

and approval of prescribed.FDA exercised its enforcement

representation and left the regulation of traditional

compounding by pharmacy to the states.  Particularly where

should be the line constructed between the FDA-regulatory of

manufacturing of drugs and the traditional medicine. Computing

is at the heart of investigational congress for identifying

which entity of government should be held responsible for

NECC’s  operations. (Mantus, 2014)

Postponing the guiding of traditional pharmacy

compounding to the states, FDA said that customize compounding

of a drug is not approved or available. Otherwise for a

particular patient after the prescription order has been

received from the healthcare provider to be squarely within

the compounding scope. For example, a pharmacist could

compound a preservative-free drug when they only approved, a

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preservative that is made of available pharmaceutical product

to be within the level of traditional pharmacy compounding.FDA

does not put into consideration pharmacy compounding of

approved drug to be within a traditional pharmacy scope. Nor

does FDA consider compounding large amount of customized

pharmaceutical product in preclude of getting a prescription

order to be within the level of traditional pharmacy

compounding. FDA claims jurisdiction over such

activities. (Mantus, 2014)

In the trial to draw a line between traditional

pharmacies compounding, congress added Food, drug, ad

cosmetics Act expressly authorizing FDA to regulate individual

compounding activity. This includes the new provision of

prohibition on the advertising of traditional compounding.FDA

issued a guiding compliance policy listing the order on how

the agency will use to identify the activity to regulate,

other activities solely being left to the states. The

following includes the criteria

Compound of drugs in preventing of getting prescriptions,

unless in tiny and limited in relation to the amounts of

compounded drug after receiving orders that are valid.

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Withdraw or remove of compounding drugs from the market

for safety reasons.

Finishing compounded drugs from bulk ingredients that are

active which are not components of FDA approved drugs or drugs

that aren’t approved being created for clinical studies under

a valid IND.

Receive, store or using drug substances without assurance

of written that the drugs have compounded in an FDA-facilities

that have not gone through registration.

Collecting, storing or using drug component of the drug

not guaranteed otherwise determined to meet official

requirements of compendia.

Using a manufacturing scale that is commercial or

equipment to test.

 Drugs of 3rd part being compounded or resell to

individual patients or wholesalers, or to entities for sale

that are commercial.

Commercially compounding drug products that are available

in the marketplace or that are essential copies of available

commercial.

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Failure to operate in conformance with regulating law

applicable to state practice of pharmacy.

FDA states that in its policy that it fast takes

enforcement actions by using the approach of risk-based.  This

is thruogh giving the highest priority to pharmacies that

compound the products that result into harming situation or

that amount to health deception.

PHARMACARE could have faced legal action since it

violated most some of the FDA rules.

PHARMACARE used the U.S law of intellectual property not

offering the trademark to COMPCARE. It provided the reputation

of the company, database, networks and sales and marketing

experts the U.S law only bases on the trademark of which the

PHARMACARE did not offer.

If John were the real inventor of AD23 then, he could be

compensated in the following ways by the company:

 John had discovered the drug that may slow the

progression of Alzheimer’s disease

He also formulated a team of pharmacist to begun to

reformulate the drug that will make the effects  maximized  in

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order to avoid the food and the drug administration’s (FDA),

scrutiny.

Will also be compensated since the drug he discovered was

traded between two companies that were the COMPCARE and

WELLLCO companies.

 

The death of john’s wife was as a result of using AD23

that founded  later that it was causing cardiac deaths apart

from slowing down the progression of Alzheimer’s. It was also

due to company ignorance since there was to make huge profits.

Intellectual property theft is the process of using ones

company trademark and reputation that isnot valid in order to

boost your business for the aim of  making large profits.One

of the examples within the past two years of intellectual

property theft is Google Trademark Keywords. 2009 April, the

U.S Circuit Court of Appeals made a ruling.That states that

Google must continue in infringement of the trademark lawsuit

brought on by “Rescuecom” as the primary keyword to

competitors of “Rescuecom” . The keywords are used to output

Googles sponsored search results. Thus allowing the

competitors to appear on the page results when the users

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searches for”Rescuecom.” The lawsuit was initially filed in

2006 and ended up being dismissed by the lower courts.

In the trial to draw a line between traditional

pharmacies compounding, congress added Food, drug, ad

cosmetics Act expressly authorizing FDA to regulate individual

compounding activity. This includes the new provision of

prohibition on the advertising of traditional compounding.FDA

issued a guiding compliance policy listing the order on how

the agency will use to identify the activity to regulate,

other activities solely being left to the states. The

following includes the criteria

Effects of the company brand were that it led to losses

that majorly affected the low-class people working in the

enterprise.Intellectual property results in funding of more

dangerous crimes and crime syndicates which eventually ruins

the reputation of the industry. Gangs  often use intellectual

property theft to fund other enterprises, such as  drug

smuggling, which in the end leads to more violent crimes. It

may also be used to support terrorist networks or can be used

to bribe the government. Intellectual property theft actual

led the unhealthy and safety since the drugs that  advertised

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online were of the wrong type that ruined the name of the

company.

Major arguments that John make argument to claim that he

was a major whistleblower are

He formulated a team of pharmacists to begun to

reformulate the drug to maximize the impact  to avoid the

order  the Food and Drug Administration’s (FDA)..

He discovered AD23that might slow the progression of

Alzheimer’s disease.

The type of protection that John has to give was to be

issued with a trademark in order to avoid more duplication of

AD23. Intellectual property ownership of the drug will be

granted to him.

 

 

 

 

 

 

 

 

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Reference

Attorney, D. P. (201). Patent by Yourself: Your Step-By-Step Guide To

Filing At The U.S. Patent Office. Amazon: NOLO; Seventeenth Edition.

Godin, S. (2002). Transform Your Business By Being Remarkable. New

York City: Portfolio Hardcover.

Mantus, D. (2014). FDA Regulatory Affairs. Amazon: 2014.

Ries, L. (2004). The Fall Of Advertising And The Rise. Amazon:

HarperBusiness.

 

 

 

 

 

 

 

 

 

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