International Legal and Ethical Issues. Term Paper

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Although Cad Mex Pharma has its patent rights reserved under protection act of Trade Related International Property Rights (TRIPs) for 20 years ("Agreement on Trade-Related Aspects of Intellectual Property Rights") but TRIPs also allow government to enforce compulsory licensing under health emergency (World Trade Organization: "Compulsory Licensing of Pharmace"). Now choice of law humbug anything against Candorean government and the TRIPs health emergency clause will affix more political pressure on Cad Mex Pharma. So if Cad Mex Pharma takes legal action that could result into Gentura's bankruptcy via employing binding arbitrator and otherwise Cad Mex Pharma can take no legal action and demand marketing rights in another drug. Former option is not recommended as it leads to loose- loose situation and relations with Candorean government would be blemished and as per latter option unwillingness has been witness from Gentura side (Graham Matthew, Sep 2005). Leaving behind only option of claiming compensation which could steer clear of expensive law suit and even keep the company out of looking into the feasibility of marketing share option of any other drug thus saving time, money and energy of both the companies.

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This option is also viable as viral epidemic situation is prevalent in the country so ethically the company should show sensitivity toward social cause and welfare.

Compensation could favor both Gentura and Cad Mex Pharma and the companies Goodwill would also remain unstrained it is thus the most reasonable option for this situation according to business, legal and ethical frame of reference.

Reference:

1-Agreement on Trade-Related Aspects of Intellectual Property Rights: Article 14, para 5. http://www.wto.org/English/docs_e/legal_e/27-trips.pdf

2- S. Mithra: Binding Arbitratory. http://www.wisegeek.com/what-is-binding-arbitration.htm

3- Intellectual property (TRIPs) - Compulsory Licensing of Pharmace: World Trade Organization

http://www.wto.org/English/tratop_e/trips_e/public_health_faq_e.htm

4- "International legal and ethical issues":LotsofEsaay.com http://www.*****/viewpaper/1698297.html

5- Graham Matthew, Sep 2005:"Memorandum" http://66.102.9.104/search?q=cache:3LC2sl3D8hgJ:home.rochester.rr.com/mg0314a/BUS415%2520Business%2520Law/Matthew%2520Graham-%2520Addressing%2520International%2520Legal%2520and%2520Ethical%2520Issues%2520Simulation.pdf+Gentura&hl=en&ct=clnk&cd=3.....

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