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Intellectual Property and Pharmaceutical Drugs: An Ethical Analysis

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  • De George, Richard T.

Abstract

The pharmaceutical industry has in recent years come under attack from an ethical point of view concerning its patents and the non-accessibility of life-saving drugs for many of the poor both in less developed countries and in the United States. The industry has replied with economic and legal justifications for its actions. The result has been a communication gap between the industry on the one hand and poor nations and American critics on the other. This paper attempts to present and evaluate the arguments on all sides and suggests a possible way out of the current impasse. It attempts to determine the ethical responsibility of the drug industry in making drugs available to the needy, while at the same time developing the parallel responsibilities of individuals, governments, and NGOs. It concludes with the suggestion that the industry develop an international code for its self-regulation.

Suggested Citation

  • De George, Richard T., 2005. "Intellectual Property and Pharmaceutical Drugs: An Ethical Analysis," Business Ethics Quarterly, Cambridge University Press, vol. 15(4), pages 549-575, October.
    • Handle: RePEc:cup:buetqu:v:15:y:2005:i:04:p:549-575_00
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    Cited by:

    1. Salla Laasonen & Martin Fougère & Arno Kourula, 2012. "Dominant Articulations in Academic Business and Society Discourse on NGO–Business Relations: A Critical Assessment," Journal of Business Ethics, Springer, vol. 109(4), pages 521-545, September.
    2. Eng Cheah & Wen Chan & Corinne Chieng, 2007. "The Corporate Social Responsibility of Pharmaceutical Product Recalls: An Empirical Examination of U.S. and U.K. Markets," Journal of Business Ethics, Springer, vol. 76(4), pages 427-449, December.
    3. Claus Frederiksen, 2010. "The Relation Between Policies Concerning Corporate Social Responsibility (CSR) and Philosophical Moral Theories – An Empirical Investigation," Journal of Business Ethics, Springer, vol. 93(3), pages 357-371, May.
    4. James Huebner, 2014. "Moral Psychology and the Intuition that Pharmaceutical Companies Have a ‘Special’ Obligation to Society," Journal of Business Ethics, Springer, vol. 122(3), pages 501-510, July.
    5. Margaret Oppenheimer & Helen LaVan & William Martin, 2015. "A Framework for Understanding Ethical and Efficiency Issues in Pharmaceutical Intellectual Property Litigation," Journal of Business Ethics, Springer, vol. 132(3), pages 505-524, December.
    6. Michael Buckley, 2013. "A Constructivist Approach to Business Ethics," Journal of Business Ethics, Springer, vol. 117(4), pages 695-706, November.

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