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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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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