Discussion on Ethical Dilemma
Discussionon Ethical Dilemma
Discussionon Ethical Dilemma
Ethical dilemma occurs when there is a hard situation, which developsinto a mental conflict. During ethical dilemma, following one sidewould suppress the other, a condition referred to as ethicalparadoxes. The dilemma emerges when someone is not guided by themoral code of conduct. The preference in ethical dilemma involveschoosing the option that is better and less evil. The paper willdiscuss the implications of intellectual property, ethical frameworksand discuss the application of alternative dispute resolution.
Intellectual property is the innovation and mind creativeness. Itincludes artwork, brand names, and development of images. It isdivided into two categories. The first is the industrial propertythat includes trademarks, invention patents, geographical indicatorsand industrial designs. The second is copyright which protects films,artist work, music and literary work. The copyrights include those ofprotecting music piracy or photocopying literary works. Theintellectual property right allows owners of copyrighted works orthose with trademarks to benefit from their creativity (Bentlyand Sherman, 2014).
In this scenario, there is a violation of intellectual propertyright. The Acme is a legal producer of the cancer drug. However, theBeta Company has violated the patent through producing copies of theoriginal product. The act denies the Acme Company from benefitingfrom their product. The violation also reduces pleasure to a largenumber of people from having the right product. In addition, the drugdevelopers do not get the incentive to further research on theirproducts, which would have produced a better and an efficient productto the consumers. Patients who purchase the copied product loseconfidence in purchasing drugs without trademark guarantee.Counterfeited drugs are less effective and are produced forcommercial gain rather than helping the community.
However, a different argument can be developed. Since the AcmeCompany did not intend to market their brand, they can be denied thepatent, as they are not ready to benefit the public. However, it doesnot approve the Beta Company to copy Acne product and start selling,but they should develop their brand.
Alternative dispute resolution refers to the way groups solve theirdifferences with the help of another party. The methods used foralternative dispute resolution include the use of mediation,arbitration, reconciliation or collaborative law (Cheung,2014). The method is used to solve disputes withoutcausing violence. The practice considers using non-formal conflictsolving method.
In this case, a third party is involved. The third party acts as themediator who will suggest a mediation proposal. The proposal willmake the conflicting parties to have an agreement and finally end upin a resolution.
The method does not involve the third party to facilitate theresolution. It involves voluntary participation. One of the disputingparties develops a negotiation plan, which might include writing anapology letter or a letter seeking negotiation.
The two conflicting parties use an attorney who facilitates theresolution process within the agreed terms. A consensus is developedwith the support of the attorneys. The process is a typical exampleof litigation and the court system. However, the resolution is notimposed on the parties, but it is an agreement.
The process is voluntary and involves a third party that bringsresolution (Nolan-Haley,2013). The arbitration method applies if involvedmembers agree that any occurrence of a similar form of conflict willbe resolved in a similar way. The agreements can be appealed to thecourt, or the two parties can later review them.
EthicalDilemma faced by Acme and Beta
The ethical dilemma faced by Acme is the decision on marketing thecancer drug. If they market the drug, they will incur marketing cost.On the other hand, if they fail to market the drug, the communitywill not be aware of the cancer drug and they will succumb to cancercomplications. In addition, the Acme is in dilemma what would happenwith the patent. If they market the drug, they have to meet thepatent`s agreement of maintaining public safety. On the other hand,if they fail to market they risk losing the patent, which will limittheir innovation.
The Beta faces the dilemma of copying the drug. If they copy, theyviolate the intellectual property right. Serious consequences likejail terms might follow. However, there are many benefits if theyventure into the market. They can take full advantage of introducingthe drug into the market, which has increased demand. Additionally,they are in dilemma of the public perception towards the drug. Sincethe drug is new and lacks trademark name, there would be a poorreception. People would view it as counterfeit drugs thus fail totrust them. However, the increased cancer complications might compelmost people to purchase the drug.
Similarly, the Beta Company is in an ethical dilemma on the sales ofthe brand. Despite making no profit, they want to establish the druginto the market. However, the drug can only provide the cost ofmanufacturing without making any profit, which stagnates the growthof the company.
Two frameworks canbe used to solve the ethical dilemma (Muhammad,Ahamd and Shah, 2015).
Legal Obligationsand Duties
The companies should determine their duties and legal obligations.Recognition of professional obligations helps us in deciding thecourse of action to use in such a dilemma. In addition, the legalobligations should guide us to hypothesis what will be theconsequences of our action are ignored. As a result, the Acme Companyshould choose marketing the cancer drug other than failing. If theymarket the drug, they will help the patients with cancer infection(Anderson andAnderson, 2014). Additionally, they will createawareness of their drug, which will lead to increased profit. Thechoice is legally right since they have the patent. Hence, throughselling the drug would not violate any legal obligation. On the otherhand, failing to market the drug reduces the cost of advertisementbut offers no benefit to the sick patient. In addition, lack ofutilization of the patent would lead to its inactivation. Hence, theoption to market the drug has more benefits than losses, and it isthe best choice.
Similarly, if they market the cancer drug and maintain public safety,well, they will incur the cost of marketing but on the other handsafe the society and earn some profit out of it. Lack of marketingmeans they might end up losing the patent, which will paralyze theirfirm. Hence, the first choice provides more benefits than loses andit should be adopted.
The Acnecompany is in ethical dilemma of copying the drug or not. If theycopy, they violate the intellectual property right. They also violatelegal obligation that protects creativity of other people and protectthe public from fake products. However, if they fail to copy, theywill not violate the intellectual property right or overlook legalobligation of selling a brand without a trademark. Hence, they willnot be at risk of facing the consequences. The best option is thesecond and should be adopted.
There is the ethical dilemma in customer’s perception towards thebrand. The brand lacks the trademark hence they will easily recognizethe products as counterfeit drugs hence fail to buy. Similarly, thereis increasing demand for cancer drugs, and the patients can doanything including buying a counterfeit drug if it will solve theirproblem. Hence, the company can take advantage of the high demand andgo ahead selling.
ConsideringOptions that are Ethically Right
It is ethically right to put public safety first. The Acme Companyshould consider marketing the brand to the community and provide asolution to the cancer problem. Since they have the patent, theirdrug is approved for public use. Hence, they should choose marketingtheir brand rather than failing.
The Beta Companywould be ethically wrong to sell a product without authenticationfrom the authority. The public is entitled to purchase safe andapproved products. In addition, it is morally wrong to assume therole of other companies without their awareness. The conflict wouldarise between Acme and Beta Company due to copying their idea withouta permit. Hence, the Beta Company should stop marketing the drug tothe consumers.
In conclusion, more often we get ourselves in an ethical dilemma. Inthis case, we wish to favor each of the sides. However, to solve thedilemma, use the ethical framework is imperative. Consider your legalobligations and the consequences of the course of action. Inaddition, consider the ethics of your action whether the action ismorally permissible or if it is morally wrong.
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Cheung,S. O. (2014). ContractualUse of Alternative Dispute Resolution.In Construction
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Muhammad,A., Ahamd, F., & Shah, A. (2015). Resolvingethical dilemma in technology
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Nolan-Haley,J. (2013). AlternativeDispute Resolution in a Nutshell, 4th.West Academic.
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