QUESTION 1

Explain how utilitarianism might provide a defense for Roche and how a rights - based ethic
might instead condemn Roches drug trials in China. Which of these two approaches is
stronger or more reasonable? Explain the reasons for your answer.
ANSWER
Utilitarianism is a general term for the view that action and policies should be
evaluated on the basis of the benefits and cost they produce for everyone in society.
Specifically, utilitarianism holds that morally right course of action in any situation is the one
that, when compared to all other possible actions, will produce the greatest balance of
benefits over costs for everyone affected. The inclusive term used to refer to the net benefits
of any sort produced by an action is utility. Hence, the term utilitarianism is used for any
theory that advocates selection of that action or policy that maximize utility.
i.

Might provide a defense for Roche by stating that the organs taken from the prisoners
with their consent for the purpose of Roches drug trials is acceptable because of:
A utilitarian would argue that Roche was respecting the Chinese laws by first
testing the drugs on Chinese patients. One could argue that prohibiting the research
that Roche was performing could inhibit future Chinese patients from receiving a drug
that could be necessary to sustain life. Roches CellCept had a beneficial plan for the
Chinese society in creating a drug to help sustain life for their specific ethnicity.
As a utilitarian, finding a resolution for the greater good is the most ethical
and just decision. The utilitarian might argue that Roche had no control over how the
organs were harvested. Knowing or not knowing where the organs were originating
from wouldnt be as important, as long as their end goal of saving lives would be
completed.

ii.

Might instead condemn Roches drug trials in China because of:

Rights are defined as an individual entitlement to freedom of choice and wellbeing. This may lead a rights based ethic to say that the prisoners from which the
organs were being harvested could not be consenting because they were being held
against their free will. An ethic may also argue that there is no way to know under
1

what conditions the organs were being removed from such executed prisoners.
However since rights are up to the individual, it cannot be determined if the
individual is deceased. The conditions of this study are questionable since there is no
way of knowing if the prisoner would have volunteered or declined to be a part of this
study. More so, if the organs are being sold for a monetary profit instead of research,
then this decision would be defined unethical by moral standard.
iii.

Which one is stronger and reasonable?

In reference to which viewpoint being the strongest and most reasonable, this
is an extremely controversial issue. Lives are on the line in both situations. Views
differ from person to person and legitimate arguments can be made for both
utilitarianism and rights-based. When it comes to the right-based ethic, Roche was in
violation of the prisoners human rights. The company knew that up to ninety percent
of organs came from executed prisoners. The company should have looked into why
the prisoners were executed because some of them were there because of their
religious belief and the different opinions between them and the governments. One
view is that of the rights based ethic. A utilitarian measures utility of the benefits
produced by an action. An ethic could prove that many prisoners being held were not
criminals. They could also prove that many organs were being harvested only for
money. The ethic has a strong and more reasonable case in this situation. Even
though most people in China would have benefited by keeping the drug, the process
of testing the drug was tainted by the violation of basic human rights that even the
people using the drug would have despicable. However, on the other hand,
utilitarianism provides a defense for Roche because the company was looking to
benefit the country of China as a whole given that they were in favor of the medicine
that prevented patients from post-transplant organ rejection. This view would have
been a strong decision for society even though if you would only jeopardize the
prisoners. The company felt that the greater good would be served by going ahead
with its drug tests even though many of the transplanted organs in its test patients
were harvested from prisoners.

QUESTION 2
Is it ethical for Roche to continue testing CellCept on its Chinese transplant patients?

ANSWER
Before we continue to answer this question, we must know the more important
question than Roches ethical responsibility over drug testing CellCept. The important
question is if Roche move back or stop the testing CellCept will people in China also stop
their unethical organ donations? So, the answer to this question will prove how more or less
Roche has control and influence over the unethical use of organs. Secondly it is proven that
Roche is indirectly taking advantage of executed prisoners organs as the case states that Up
90 percent of all transplant organs in China come from executed prisoners. We can held
Roche responsible for not putting restrictions over patients who doesnt have proper
documents of their organs that proves the rightful owners information, but on the other hand
even if Roche put an effort to make sure they check the legal documented of the transplant
organ. The Chinese law on the matter of organs donation in so weak that people are
massively misusing it to justify their illegal use as legal, as mentioned in the case the China
government banned the sale of human organs and require that living donors could donate
their organs only to spouse, blood relative or step and adopted families. Nevertheless, the
organ trade continued to flourish in China.
Furthermore if we look at ethical responsibility more from the economic point of view
compare to the individualist point of view, as medical transplants an ongoing day-to-day
activity that cant be stopped because of individual concerns or opinions, as this organ
transplant matter is connected to thousands of patients life risk. On a big picture one can say
Roches CellCept is saving more innocent peoples life than guilty executed prisoners whose
organs are donated, and as per utilitarian ethics it is less important to consider guilty
prisoners death-will decision over their organs than to consider transplant patients life risk
at clinic. Morally it can be considered as wrong if one doesnt care about transplant patient
before its own death as eventually his or her organs are going to be wasted in the grave.

QUESTION 3
Is Traidos Bank ethically justified in excluding Roches stock from the funds it offers its
customers? Consider your answer in light of the banks duty to invest money wisely and in
light of its own conclusion the Roche was among the best performing 50% of
pharmaceutical companies in Europe. was transparent about sustainability issue had a
comprehensive position regarding genetic engineering and clear ethical guidelines for clinical
trials, enforced high standards for its suppliers, and stove to reduce energy consumption
and greenhouse gas emissions.
ANSWER
From the commercial interest point of view the companies are made on positioning of
their branding strategies and creating factor that differentiate them from other, those factors
has a great influence on their sales. Similarly Traidos Bank has drop down Roche from their
investment list just to maintain their brand images or else they will lose their sales. Traidos
Bank has more concern about its brand image or else then to the ethical solution required for
Roches transplant patient drug testing they just do not want to associated themselves with a
company that has received Public Eye Award. It is a responsibility of Traidos Bank to further
carry an independent investigate and evaluation under the laws of ethical relativism on Roche
case in China, as in this case it is less about universal right or wrong and more ethical
complex the issue, they will have to come up with their ethical justification report that has no
connection with the Public Eye Award. The Trados Bank should have think twice before
banning a reputable brand like Roche, as Roche service has direct influence over human life,
lake of CellCept drugs available in the market can create serious health risk to many Chinese
patients lives. There should be a dialogue between two parties in which they will have to
redefine the boundaries of its ethical guidelines for clinical trials before even putting the
bam on Roche funding as this can create serious damage to Roche as they might not be
financially prepared for such sudden actions. Success means different thing to different
people because they normally think within their boundaries instead of looking outside to
other people performance, in reality success comes from achieving mutual interest between
producer , client, customer, and society. Traditionally Traidos Bank is looking at its own
ethical criteria measures instead of Roches performance or outcomes.

QUESTION 4
Are Traidos Banks ethical standards set too high?
ANSWER
According to Traidos Bank closes social investment fund (2010), the bank said the
fund, known as the Triodos Opportunities Fund, had been set up to make equity investments
in growing social enterprises, but that there were not enough businesses that met its criteria.
They were looking for mature, scaleable businesses in United Kingdom that were looking for
equity to grow and most number of propositions also did not meet their requirements. Based
on the article, the ethical standards of organization is too high because risky for client getting
disqualify by Traidos Bank for anytime. Traidos might have to redefine their six principals in
order to make fund available for social enterprise. It main focus should be less on principle
but more on outcomes, in utilitarian ethics most of the ethical decisions are prised by their
outcome rather than cooperates standing up for principles. High ethical standards always
require continuous attention and support. Businesses nowadays do not always needs fixed
rules and regulations, the smart people at the top of organisations, who knows how to adjust
the business in the ever changing commercial environment, who are able to consistently
redefine the values the organisation that they agrees to follow, who needs to practices for
promotion that reflect and strengthen those values, who need an open cultures in its cooperate
environment where staff can discuss ethical issues in more depth and help to identify
potential problems without destroying the relationship with their clients. Ethical issues in
businesses need to new features as regular items on board agendas (Christopher.K, 2013).

REFERENCES
Velasquez, M. G. (2014). Business Ethics: Concepts and Cases, (7th ed.), Pearson, United
Kingdom.