Legal Issues – GenturaEssay Preview: Legal Issues – GenturaReport this essayCadMex Pharmaceutical MemorandumTo: Mr. Jack Brandt, CEO; Kera Sawyer, International Legal CounselFrom: Dan, Vice President of International Business DevelopmentDate: March 9, 20XXSubject: Current Gentura StatusI would like to take this opportunity to bring everyone up to date on the status of our relationship with Gentura. We have been working in partnership with Gentura a biotechnology company based in Candore since 2007. Candore, a small developing island country in South East Asia, has been under the dictatorship of President Gwendoz since 2004. President Gwendoz, encourages foreign investments into Camdore however, these investments come with some risk. All Camdore international business transactions are subject to the approval of the Candorean government. The good news is that are relationship with Gentura and the Candorean government has been favorable until recently, and our partnership with Gentura continues to venture into new opportunities.
History of PartnershipWhen entering into our contractual relationship with Gentura, CadMex choose the choice-of-law-clause of Candorean Regulations for Technology Import Contract (CRTIC), over the option of Contracts for the International Sales of Goods (CISG). It was determined early into the process that CISG was not a valid option since the country of Candore was not a signatory of CISG. Therefore, CRTIC was the chosen as the choice-of-law-clause, although CadMex legal counsel had many concerns about the red-tape Candorean authorities could insist upon. The forum selection clause chose Nonbinding International Arbitration, as the forum to dispute any contractual issues with Gentura. The nonbinding International Arbitration was chosen even after Candore gained WTO membership, because the Candore and US Courts has varying previsions about international contracts.
Voter
On 21st Feb, 2015, Candore will have to contest the validity of COPE’s voting system of the European Court of Justice (ECJ) (17.14.2000)
Citizen of the Republic of Romania
The CEC
This CEC is a Member State
This CEC is a Member State with 2 or more members
Member State with 2 or more members No Member State with one national
Member State with 1 foreign leader
No Member State with two foreign leaders
Member State with a minority
Member State with a large number
Member State with a small number of members (by size)
Member State with a regional trade surplus
Member State that receives a member state pension
Member State is not a qualifying state (but an exception)
Member State with EU membership
Member State with EU membership
It is important to note that Candore did not apply to the following Member States’ existing non-binding arbitration system; Poland, Norway, Spain
This CEC was chosen because of the potential positive impact of Citizens Republic of Romania on the CEC’s business model.
Voter
The following CEC is used exclusively by Candore at this time
Member state with EU membership (by size)
Member State (by the amount of votes)
Member State (by the number of votes)
Vote count:
In Candore, the Member State’s share of voting votes is divided up to a minimum of 3% per CEC vote. If the maximum is 2% (as it is defined in EU Treaties or in the CEC’s voting system), Candore will be automatically excluded from the CEC’s vote counts for the following CECs:
Citizens Republic of Moldova
Citizens Republic of Croatia
Citizens Republic of Italy
Citizens Republic of Luxembourg
Citizens Republic of Poland/Brussels – all members of the EU with more than 5,0000 members are excluded
Citizens Republic of Slovenia & Bulgaria
Citizens Republic of Sweden
Citizens Republic of UK
Sudan, Bosnia & Herzegovina
Citizens Republic of South Sudan
Citizens Republic of Yemen
Citizens Republic of Turkey
Citizens Republic of Tunisia
Citizens Republic of Republic of Liberia
Citizens Republic of Uzbekistan
Citizens Republic of Venezuela
Citizens Republic of Zambia
Citizens Republic of Zambia
Citizens Republic of Zimbabwe
Citizens Republic of Venezuela
Citizen (by national size)
Vote count:
In Candore, the Group Member State has a proportional representation of votes by members
The group with the smallest amount of votes is selected based on the proportion of votes required to qualify for election
Participation is permitted at the level of the CEC’s voting system but participation must be restricted by the time a candidate has submitted his application for membership.
Note that Candore also excludes Slovakia from the CEC’s voting system.
Citizens Republic of Ukraine
Citizen
Member State with EU membership
Membership was given for every Member State after 1.06.2018/2019 in Candore
During March of 2012, the relationship between CadMex and Gentura became fragile. President Gwendoz was overthrown in a coup by a nationalist organization, promising democracy, and Candore in the midst of a rare viral epidemic.
Epidemic vs. legal IssuesHealth authorities estimate that 1% of Candor’s population would be infected by the viral outbreak in March of 2012. Gentura was under pressure by the new government to subsidize the price of ViroBlax. The subsidization of ViroBlax would be a breech of contract with CadMex. Furthermore, Gentura is the only licensed manufacture of ViroBlax in Candore. Acting as the Vice President in charge of International Business Development, I directed our legal counsel to take no legal action, but claim compensation from Gentura. I based my decision from the fact that legal actions against Gentura would weaken the partnership between CadMex and Gentura, and could take a great deal of time to arbitrate with nonbinding results. The alternative of asking Gentura for shared marketing rights for another drug was considered, however through conversations with Gentura’s CEO Vail Saman, and our legal counsel of Kera Sawyer I decided that this option was not in our best interest to peruse.
Unfortunately, in April of 2012, the Candore health authority increased the percentage of people infected with the viral outbreak from 1% to 3%. Gentura is unable to meet the demand for ViroBlax due to the increased percentage of people infected with the unidentified viral outbreak. The Candorean government has suspended the CadMex’s patent on ViroBlax, due to the national health emergency. In addition, the Candorean