Law421/ week 5 final team

Satisfactory Essays
Addressing International and Ethical Issues
Christy Caruthers, Arsonia Fisher, Andrew Gunn-Wilinski, Andrew Lombardo, Wade Hall, Claudia Pino
Law 421/Contemporary Business Law
May 4, 2014
Instructor: Charles (C.J.) Hughes

Addressing International Legal and Ethical Issues
This week simulation involved two companies; CadMex Pharma a pharmaceutical
Company based in the United States and Genture a biotechnology company based in Candore.
Genture developed a new drug for diabetes and is looking to partnership with CadMex to manufacture and market the drug at an international level. This week’s provides a brief overview of international legal and ethical issues in international transactions.
Before taking legal action against a foreign business partner it is important to take into consideration different laws, political situations, prevailing international laws, and cultural influence have a major impact on international markets. Usually, international arbitration is the most appropriate venue to resolve any disputes between both companies. It is also important to factor in issues such political climate and sublicensing when making decisions as these could drastically affect an international partnership.
The granting of sublicensing could have a negative affect and different factors need to be evaluated before proceeding. For instance, sublicensing could erode Cadmex's profit share, and pose a risk, if the licensee is producing and selling patented pharmaceuticals on the open market. According to University of Phoenix Addressing International Legal and Ethical Issues (2014), under TRIPS,Article 31(f) allows for compulsory licensing of pharmaceuticals in the event of a health emergency; given the political climate in Candor, it could lead to such misuse by way of such a government declaration. If CadMex's agreement is not properly executed, it could allow the sub licensee to extend that license to others, leading to a licensee

You May Also Find These Documents Helpful

  • Satisfactory Essays

    In this particular simulation, 3 main factors can work against CadMex’s decision: Time, costs and ethical/cultural issues. CadMex would be looking at a substantial investment in both time and costs in ensuring quality standards of drugs produced by sub-licensees. On the other hand, as CadMex establishes work processes in a different country, it must find a way to align its own ethical guidelines with the host country’s existing ones.…

    • 503 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Addressing International Legal and Ethical Issues Within ContractsJames Michael SmithUniversity of PhoenixAddressing International Legal and Ethical Issues Within ContractsUniversity of Phoenix offers a simulation about CadMex and Gentura and an international contract they pursue (University of Phoenix, 2009). CadMex as a pharmaceutical company is about to go into contract with Gentura, a company in the country of Candore. CadMex needs to make sure that the contract that is formulated offers protection that will mutually benefit each party while allowing CadMex to successfully market a new product from Gentura entitled ProPrev. This paper will answer why Gentura would be in breach of its contract with CadMex Pharmaceuticals, the remedies that might be available for such a breach, and also make recommendations on how the Gentura situation should be handled. Within the paper an analysis of selecting the proper forum and venue for dispute resolution will also be explained followed by the conclusion.…

    • 774 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    What are the issues involved in resolving legal disputes in international transactions? The issues are what choice of law clause you are going to use in the contract in case of dispute or breach of contract. The other issue is what forum selection clause is going to be used if there’s ever an issue or dispute. Both are very important issues to address before getting into contract with a foreign business. You need to take in consideration in what part of the world you want legal action to take place if your business partner based in another country…

    • 386 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    What are some practical considerations of taking legal action against a foreign business partner based in another country?…

    • 547 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Disagreements are very common in international trade. Whenever a company enters into a contract with an international entity, it must ensure that the contract is legally enforceable in order to protect the company's interest.…

    • 737 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    * What are some practical considerations of taking legal action against a foreign business partner based in another country?…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    et al., 2008; Grabowski et al., 2011) have discussed the advantages and disadvantages of manufacturing authorized and unauthorized generic drugs. This issue is controversial because it involves the interests of a wide range of stakeholders, such as pharmaceutical companies, governments and the general public. Although there are numerous factors involved, opinions on the situation can be divided into four general areas, political, economic, health-related and technological. Those who support manufacture of generic drugs, such as Ford et al. (2007, cited in Kaplan et.al.,2012 , p.215) and Gonzalez et al.(2008), primarily agree with the potential benefits of alleviating the monopoly of branded remedies in the market and providing alternative medicines with lower prices. Those who support the opposite view, however, like Ryan (2009), point out the possible consequences of triggering diplomatic conflicts and a lower incentive of investments in the pharmaceutical development. The purpose of this essay, therefore, is to examine the pros and cons of manufacturing generic drugs from these four aspects, taking a supportive stance on the manufacture of authorized generic drugs and a stance against the production of unauthorized generic drugs.…

    • 1515 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Drug accessibility for the poor nations has become a vast economic and political issue. The UN, WHO and numerous health care organizations from all over the world, are putting pressure of pharmaceutical companies to reduce pricing on the anti-AIDS drugs. Meanwhile, in order to gain access to medical treatment, governments are importing inexpensive generic drugs and give the right to manufacture drugs domestically, without enforcement of patent requirements.…

    • 992 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Drugs in India

    • 806 Words
    • 4 Pages

    India is a world leader in generic drug manufacturing. Their previous policies for food and pharmaceutical patents paved the way for this. Since India’s entry into the World Trade Organization (WTO) in January of 1995 there has been an increasing push for reform of India’s patent laws. While there have been reforms made to the patent laws to comply with WTO regulations, they contain vague and somewhat easily exploitable language. It is without question that affordable generics medications produced in India are necessary throughout the world especially in places like India. This essay will examine a compromise for both sides of the situation so that medications can be received by those who need them the most.…

    • 806 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    [12] Oxfam (2011) Briefing Paper. Eye on the Ball Medicine regulation – not IP enforcement – can best deliver quality medicines.…

    • 6949 Words
    • 28 Pages
    Powerful Essays
  • Satisfactory Essays

    Law421 week 2

    • 518 Words
    • 3 Pages

    What are some practical considerations of taking legal action against a foreign business partner based in another country?…

    • 518 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    The fact is that domestic law has nothing to do with international law and companies should be ready to face any issue that could appear. The second week material offered more information on how to handle international issues. The forum selection is the most important thing to do when trying to avoid future conflicts of law. Litigation and arbitration are the best options for organizations involved in international disputes. Legal advice or counseling is a useful resource that could help avoid confusions and setbacks in the future; it is always better to be…

    • 1256 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    What are some practical considerations of taking legal action against a foreign business partner based in another country?…

    • 527 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    REVIEW SUMMARY

    • 476 Words
    • 2 Pages

    Some factors that could work against CadMex’s decision to grant sublicensing would be that they could lose control of there drug ProPrez and may lose there contract with Candorean government. This would mean whom they sublicensed to could sell there product cheaper and CadMex would lose a huge profit. Many of the sources that use the drug ProPrez would save and go for the cheaper genric drug. The Candorean government may see this as a profit for them and could reject resigning an agreement with CadMex. This would be a huge hit on the company and may result in a breach of contract and come down to a lawsuit.…

    • 476 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    When a business is thinking about taking some legal actions against a partner business in a foreign country they need to take some things into consideration before doing so. Some of these considerations would be different laws, understanding of their laws, also how much interference there could be from both governments. Another consideration that a business must think about is how other countries may view their legal actions.…

    • 423 Words
    • 2 Pages
    Satisfactory Essays