IICJ Paper Pharmaceutical Ethic Codes: How to draft a Pharmaceutical Ethic Codes without inhibiting your business Tri Junanto Wicaksono, Legal & GA Manager, PT. Amerta Indah Otsuka, Indonesia

Pharmaceutical Industry is very risky business, not only that the company needs to grow its profit but it must show to the people that they contribute to the human health without taking any advantage from the people illness and also making sure that the medicines will not having any bad side effect to the human body. So, for running its business the Pharmaceutical Company should establish Compliance & Ethic Code Program to make sure that the Production Department must maintain the Good Manufacturing Practices and the Sales Department shall always convince the physician to prescribe the products without breaching any medical ethic. But sometimes the Compliance and Ethic Code Program are inhibiting the pharmaceuticals business growth because some of the clauses prohibit some actions while in some areas it is a common business practices. For example, some countries prohibit commercial advertising in television or public newspaper for Ethical Products. In connection with above-mentioned purposes, it’s an In-house legal counsel duty to maintain the Compliance and Ethic Code Program and compromise with the business practices at the same time. It’s our jobs to determine that the corporate actions by employees should be complying with the prevailing laws and regulation. I want to bring up a phrase “To be idealist is good choice but to be compromise it’s a better choice”, it means that in order to survive in the Pharmaceutical Company, in-house legal should be in the position of compromise status. So when we draft a Compliance and Ethic Code, we must make sure that the draft still comply with local regulation and at same times its not eliminate the ability of the Pharmaceutical Company and its employees in competing with its competitors.
Author
Tri Junanto Wicaksono
Tri Junanto Wicaksono
Tri Junanto Wicaksono, born in Balikpapan – Indonesia in 1977, Bachelor of International Law from University of Pancasila, Indonesia in 1999 and Master of Business Law from University of Pelita Harapan, Indonesia in 2004. He’s been working in multinational company for more than 10 years. His first company is PT. KGD Indonesia (Automotive Spare part Manufacture) with HONDA as the majority shareholders from 2000 – 2003, second company is PT. Indonesia Nippon Seiki (Automotive Speedometer Manufacture) from 2003 – 2005, third company is PT. Takeda Indonesia (Pharmaceutical Manufacture) from 2005 – 2009, the fourth and current company is PT. Amerta Indah Otsuka (Nutraceuticals [Nutrition + Pharmaceutical] Manufacture) which a subsidiary company of Otsuka Pharmaceutical Co. Ltd. from 2009 until now as a Legal & GA Manager.
Company
PT. Amerta Indah Otsuka
PT. Amerta Indah Otsuka is a subsidiary company of Otsuka Pharmaceutical Co. Ltd. Japan, a famous Pharmaceutical company from Japan. Otsuka Group main operations are: Pharmaceutical Business, Nutraceutical (Nutrition + Pharmaceutical) Business, Consumer Products Business and Other Busines. PT. Amerta Indah Otsuka (AIO) is in Nutraceuticals Business which operating in Indonesia. AIO manufactures and markets nutraceutical products that support the maintenance and enhancement of day-to-day wellness. The products of AIO are: POCARI SWEAT, an electrolytes supply drink and SOYJOY, a healthy fruit soy bar. You can find out more about Otsuka Group in www.otsuka.com/en or about AIO and its products in www.aio.co.id, www.pocarisweat.co.id, www.soyjoy.co.id
Country
Indonesia More
Area of Law
Corporate Governance More
Business Sector
Pharmaceutical More
Month Published
January 2011 More
Edition
Vol. 4, No. 14, Winter 2011 More
    Go back to Library Search