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U.S. Drug Manufacturers Beware: Application of the PRC Antibribery Law to Drug Marketing and Promotional Practices in China

Mou, Rong
Fonte: Harvard University Publicador: Harvard University
Tipo: Paper (for course/seminar/workshop)
Português
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China’s ongoing economic growth and tremendous market potentials have presented many opportunities for American pharmaceutical manufacturers. According to a report issued by the Pharmaceutical Research and Manufacturers of America (PhRMA), up to April 2000 there are 17 major American research-based pharmaceutical companies in China which enjoy a 12 percent share of the Chinese pharmaceutical market of US$6 billion, or around US$720 million in annual sales. Doing business in China, however, the U.S. pharmaceutical companies are in a business and legal environment that is remarkably different from what they are familiar with in their home country. Among other barriers, restrictions on the communication between pharmaceutical companies and physicians/pharmacists recently caused significant concerns of the industry. Beginning in late 1999, a number of Chinese provinces and cities began to enact regulations and take enforcement actions that prohibit pharmaceutical sales representatives from entering jurisdiction hospitals with the intent to promote pharmaceutical products to physicians and pharmacists. These government regulations and actions resulted from the market irregularities mostly committed by domestic Chinese pharmaceutical companies...

Innovations in Globalized Regulation : Opportunities and Challenges

Levy, Brian
Fonte: Banco Mundial Publicador: Banco Mundial
Português
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16.975771%
This paper lays out a comparative framework for assessing the potential, limitations and challenges of a variety of emerging institutional innovations in globalized regulation. The framework highlights two dimensions of effectiveness -- the comprehensiveness of coverage, and the credibility of the regulatory regime. Performance in relation to these two dimensions is assessed for three distinctive approaches to globalized regulation: i) Government-centric approaches, including treaties, extra-territorial regulation and government networks -- seven examples are assessed in the paper. ii) Civil regulation, including both joint initiatives by private firms and civil society, and wholly private self-regulatory approaches -- with eight examples assessed. iii) Hybrid approaches, involving multiple governmental and non-governmental stakeholders -- with three examples assessed. Overall, the assessment points to an abundance of innovation -- but a seeming failure of the many innovations to deliver more than, at best...

Corruption and Development

Gray, Cheryl W.; Kaufman, Daniel
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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This public sector note analyzes the issue of the growing recognition and discussion of corruption, and in turn facilitates addressing its costs and causes. Through the examination of corruption causes in developing countries and transition economies, it is suggested that prevailing bribery, hence corruption, imposes a significant tax on foreign direct investment in all regions. Thus the cost of capital for firms increases greatly. The note focuses on the creation of a political will and constructive pressure, as well as assistance from international organizations and donors in fighting corruption, by supporting government reforms in economic policies, institutions, and the pursuit of a healthy civil society.

Redesigning the State to Fight Corruption : Transparency, Competition and Privatization

Rose-Ackerman, Susan
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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16.975771%
The author proposes three types of anticorruption strategies: those that reduce the benefits that officials control, those that increase the costs of bribery, and those that limit the bargaining power of officials. In essence, fighting corruption involves introducing more competition, privatizing government activities, and introducing greater transparency.

Philippines : Combating Corruption in the Philippines

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Português
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This report collects and presents available information about corruption issues facing the Philippines, ongoing anticorruption efforts in and outside the government, and suggested elements for a national anticorruption strategy, drawing on global experience. The report proposes a nine-point approach to fighting corruption in the Philippines. 1) Reducing opportunities for corruption by policy reforms and deregulations; 2) reforming campaign finance; 3) increasing public oversight; 4) reforming budget processes; 5) improving meritocracy in the civil service; 6) targeting selected departments and agencies; 7) enhancing sanctions against corruption; 8) developing partnerships with the private sector; and 9) supporting judicial reform. These initiatives, which are already underway as isolated elements, must be unified under one concerted program, a strong leadership and management structure, and a strong partnership with the private sector, civil society, donors, the congress, and judiciary.

Drivers of Corruption : A Brief Review

Søreide, Tina
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Português
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Corruption is motivated by the possibility of securing something of value for oneself and one s allies. The desire to secure benefits is a human trait and generally positive for development; various forms of rewards drive humans to get up in the morning, do a good job, and act responsibly. The discussion now turns to the opportunity to secure more benefits than are entitled to within the existing rules of the game ; specifically, the opportunity to grab at the expense of society. A decision maker has the authority to influence an outcome that matters to the briber. For steering a decision in the briber s direction, the decision maker is compensated with a bribe. The steered decision and the bribe now become assets that usually exceed what at least one of the players would have obtained without the corrupt act. The opportunity to seize assets through some form of power misuse differs across sectors, organizations, and decision-making situations. This chapter describes the circumstances in which the risk of corruption is particularly high in other words...

Fighting Corruption in East Asia : Solutions from the Private Sector

Arvis, Jean-Francois; Berenbeim, Ronald E.
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
Português
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The critical need for private sector involvement in the fight against corruption is now an accepted fact, particularly in East Asia, where there is a buoyant private sector and where corruption has often been equated with cronyism. Cutting off corruption's supply side is a vital step in limiting the economic damage inflicted by corrupt practices. Despite the importance of private sector efforts in this regard, little attention has been paid to company anticorruption programs and to trying to learn from company experience. This book, which is based on research cosponsored by the World Bank and the Conference Board, provides detailed documentation of the efforts of Western and Asian companies to develop good standards of business conduct in their East Asian operations. It provides evidence that a common set of principles for resisting corruption can be established notwithstanding the rich cultural diversity and ownership structure of firms based in that region.

Public Wrongs, Private Actions : Civil Lawsuits to Recover Stolen Assets

Brun, Jean Pierre; Dubois, Pascale Helene; van der Does de Willebois, Emile; Hauch, Jeanne; Jaïs, Sarah; Mekki, Yannis; Sotiropoulou, Anastasia; Sylvester, Katherine Rose; Uttamchandani, Mahesh
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication
Português
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Corruption and thefts of public assets harm a diffuse set of victims, weakens confidence in public institutions, damages the private investment climate, and threatens the foundations of the society as a whole. In developing countries with scarce public resources, the cost of corruption is an impediment to development: developing countries lose between US$20 to US$40 billion each year through bribery, misappropriation of funds, and other corrupt practices. Corruption is by no means a "victimless crime." This study aims to explore the standing of States and Government entities as victims and the possible recourse to private actions to redress public wrongs. States and Government entities may act as private litigants and bring civil suits to recover assets lost to corruption. The goal of this work is to promote knowledge and understanding as well as to increase the use of civil remedies and private lawsuits to recover stolen assets in the context of the United Nations Convention against Corruption (UNCAC) offences. The UNCAC...