The sale and distribution of medication are at the forefront of an intense debate over modern medical ethics. This sample essay from Ultius explores intellectual property rights associated with pharmaceutical development. The notion of intellectual property, applications, and protections plays a considerable role in the modern business world.
This fact is perhaps most discernible in the health care business in which companies have an objective to generate the most sales and increase revenues while also supplying a necessary social good to citizens throughout the world—medication. These two ends are not always compatible with one another and are frequently a source of ethical issues, particularly related to the role of intellectual property in the facilitation of the sales of medication. One of the most eminent medical ethical issues related to intellectual property rights of pharmaceutical companies is known as the access problem, in which the profit-driven business side of such companies, protected by intellectual property laws, makes it difficult for certain demographics to receive their vital products.
A case study of a lawsuit involving the South African government and a number of such healthcare product providers illustrates a suitable demonstration for the ramifications of this particular issue. When considering the causes and the effects of the access problem of intellectual property related to pharmaceutical companies, it is important to ascertain the reason intellectual property laws are in place. Pharmaceutical companies spend a substantial amount of time, energy, resources and money to research and develop new products that can assist with health conditions in the world.
Intellectual property rights are assigned to companies who come up with new products because once such a product is introduced to the marketplace, other companies can replicate it without making such a substantial investment in research and developing it.
Therefore, the initial purveyor of any new product is assigned intellectual property rights as well as an expectation that its product will be priced accordingly meaning high to accommodate its monetary expenditure in developing the product.
The formalizing of Intellectual Property Rights was assigned in Uruguay in under the Agreement on Trade Related Aspects of Intellectual Property Rights, which unequivocally benefits the pharmaceutical companies Sonderholm, , p. However, the initial pricing of products to offset researching and developmental costs means that countries that are economically disadvantaged may not be able to afford these products due to the rising costs of healthcare.
Oftentimes, these countries are the ones whose populations are suffering conditions that render them those most in need of healthcare. This conundrum creates the ethical dilemma of the access problem, in which these poor countries in need of valuable medical resources cannot afford to pay them, yet intellectual property rights are protecting the ability of manufacturers to sell their products at extravagant prices Sonderholm, , p.
This ethical issue gained international prominence with the case of the South African Pharmaceutical Manufacturers Association and a plethora of other multinational manufacturers against South Africa, which attempted to circumvent the exorbitant costs for valued medicines by passing the Medicines and Related Substances Control Amendment Act No. The principle means of protection that the medical manufacturers had against these measures was based on the establishment of the Trade-Related Aspects of Intellectual Property Rights, which its lawsuit claimed the South African act violated.
It can be possessed and used, and generated benefits. The major components of intellectual property include copyrights, patents, and trademarks. Similar to tangible property, intellectual property which is an intangible property is also protected by the law. By the time the intellectual property becomes more important in trade, the differences between these given rights, which varied widely around the world become a source of tension in international economic relations.
Now days, Trademark and copyright infringement are becoming increasingly common in the world. And due to the difficulty to catch direct infringers who sell counterfeit or other infringing products on the internet, as they can easily mask their identities and avoid liabilities by shutting down and reopen under different domain name. So the intellectual property owners have turned to enforce their trademark and copyrights against internet-based infringers, and try to impose liabilities on parties that have some involvement in counterfeit or infringing product transactions rather than imposing liabilities on the direct infringers.
Search engines, auction sites that facilitate transactions involving infringing products, and credit card companies involved processing payments for such products, can be considered as examples of these parties.
It includes artwork, plays, movies, shows, various types of music, sound and songs, books, manuscripts, written work and all types of images, photos, pictures, drawings and graphics. Copyright holder does not hold the nights by themselves. Instead of it they relinquish it to publishers or big companies by entering into the contractual agreement. Criminal Sanctions are made for targeting the innumerable factors which determine the length. However, certificate of copyright registration and entries made their upon serves as the prima facie evidence, at the time of any dispute, in the court.
If the work has been registered as the unpublished in the Register of Copyright but subsequently it is published then the requisite changes can be made by the applicant in the Register of Copyright with addition to prescribed fees.
It is required to be in written form duly signed and authenticated by assignor or by his authorized agent. It should legibly specify the amount of work and rights which are assigned to the other person.
To avoid emergence of conflict in near future, time with duration and territorial area should be explicitly mentioned. It should clearly specify the royalty which is required to be paid to author or his legal representative. If we say the economic and social development of the nation relies upon the creativity skills of its people then there would be no exaggeration.
Intellectual Property: The Patents - Intellectual Property: The Patents Introduction While an ethical analysis in intellectual property may not be as interesting as the ethical analysis in human genetics, such as in human cloning, patents are the most relevant in the area of high technology, which is the most important industry in the Silicon Valley and arguably, becoming one of the most.
This essay was produced by one of our professional writers as a learning aid to help you with your studies. This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside.
Intellectual property refers to the legal section of an idea. It allows businesses and the owners, innovators and creators to have their work protected and to prevent it from being copied. There are different ways you can protect your intellectual property: copyright, trademarks and patents. Intellectual Property Rights and the Piracy War in China Essay - Introduction With a population of billion ()3, China is the most populated country in the world. Along with the huge population comes a market that is unmatched by any other country of the world.
Short essay on intellectual property right Article shared by Intellectual property right is a legal concept that confers rights to owners and creators of the work, for their intellectual creativity. Intellectual Property – Essay Sample Intellectual property is a relatively new idea, and has met with much confusion from the general public. Though the general idea of intellectual property has been in existence for over years, it still requires some explanation for most individuals.