“Memorandum: Partnership between Cad-Mex & Gentura”

[Name of the author]

[The institutional affiliation]

[The name of the course]

[The name of the Instructor]

Abstract

The purpose of this study is to expand the boundaries of our knowledge by exploring some relevant information relating to legal and ethical issues arising as result of joint venture between Cad-Mex & Gentura pharmaceutical companies. In this memorandum, the author has discussed the process of formal agreement between Cad -Mex & Gentura. The selection of appropriate law and forum for resolution of disputes were also discussed in the memorandum. In order to further clarify the matter, the ethical issues were also identified that could arise as a result of the agreement between Cad-Mex & Gentura pharmaceutical. Furthermore, the author has also presented the available actions that Cad-Mex pharmaceutical could take under the international law.

Memorandum: Partnership between Cad-Mex & Gentura

The two pharmaceutical companies, Cad-Mex and Gentura are planning to become business partners by manufacturing and selling anti-malaria drugs all over the world. Gentura wants to “partner” with Cad-Mex to distribute the new drug world-wide. The drug could bring significant profit to both companies if distributed world-wide, especially in Africa. Cad-Mex has developed a U.S. patented technique for accelerated manufacture of drugs, which can be used with ProPez. Gentura wants to be licensed by Cad-Mex to use this technique as part of the “partnership”. As an important client, it is the prime responsibility of the law firm to provide answers and solutions to the issues presented in the case.

As for the formal agreement, the Cad-Mex pharmaceutical, before entering in to contract with Gentura, should discuss, negotiate and enter in to agreement with Candorean government, as the Candorean government has majority stake in Gentura. The formal agreement should be made with the government in order to ensure, that in case of any harm due to drug intake, only the Gentura Company and the Candorean government will be responsible for handling and justifying the issue. Such formal agreement in necessary for Cad-Mex pharmaceutical, as providing license to sale sensitive drugs can also raise issues, if the drug intake resulted in injuries. The involvement of government in the agreement is a way of securing the interest of Cad-Mex pharmaceutical. In order to execute a formal agreement, the Cad-Mex pharmaceutical will develop and present certain terms and conditions to the Candorean government and Gentura pharmaceutical. Once all the terms and conditions are agreed upon, the negotiation and contracts will further proceed. After the formal agreement, the Cad-Mex pharmaceutical should than proceed to a contractual relationship with Gentura for utilizing the US patented technique in order to manufacture and distribute the anti-malaria drugs all over the world. As per the agreement, CadMex Pharma will provide Gentura the license to sell the drugs in Africa and other parts of the world, while Gentura will give CadMex the global marketing rights for ProPrez (anti-malaria drug). If all goes well, the contract will earn a lot of benefits to CadMex Pharma, not only it will earn more profit to the firm, ...