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A) 1) Dr. Broccoli's Ethical Issues:
1. If the work Dr. Broccoli does is beneficial, he may be prevented from releasing it as quickly as he could otherwise, due to GenTyme's restrictions. He could possibly be faced with a situation where he would have helped millions of people with a better treatment, but can't, or can't do so as rapidly as possible because GenTyme's attorneys and executives have other plans.
2. If the work Dr. Broccoli does is detrimental, he may be prevented from releasing the research on it at all under his agreement with GenTyme. GenTyme may wish to withhold the information, possibly slowing the progress of research in this field.
3. Dr. Broccoli may find that his work is influenced by GenTyme as he is being paid by them. If put in a difficult position where he is asked to report results inaccurately, he may be compromised by the fact that GenTyme is paying for his research.
A) 2 GenTyme's ethical isses:
1. GenTyme must be careful not to unduly influence Dr. Broccoli's work, even inadvertently. While they owe an obligation to their shareholders, they also owe an ethical obligation to encourage accurate work and to release information and potential treatments to the public as quickly as is safe.
B) Dr. Broccoli can rationalize his dilemna with the thought that if GenTyme didn't fund his work he may not otherwise be able to bring it to fruition. While there are ethical issues involved in working with GenTyme, he would rather have a higher percentage chance at the opportunity to help people quickly.
He appears to follow a philosophy of "the ends justify the means", or or situational ethics.
GenTyme rationalizes its decision to attach a condition to the funding by arguing that if Dr. Broccoli were to release data that was inaccurate or potentially harmful to GenTyme, GenTyme would be less likely to be able to fund future research work. By restricting Broccoli, GenTyme is ensuring a longer term stream of research funding over time.
C) What would you tell Dr. Broccoli to do?
I would advise Dr. Broccoli to negotiate more aggresively with GenTyme. As he has what appears to be a breakthrough treatment and GenTyme is obviously interested in what he has, he is in a position of strength. Broccoli can use GenTyme's greed against it-- Just as he would rather have some treatment than none, they would rather have something than nothing as well.
Dr. Brocolli could ensure than GenTyme is unable to influence his results, and that his results would be guaranteed to be published after a certain period of time if GenTyme otherwise refuses to publish.
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