The Importance of Ethics in Business

Ethics concern an individual's moral judgements about right and wrong. Decisions taken within an organisation may be made by individuals or groups, but whoever makes them will be influenced by the culture of the company. The decision to behave ethically is a moral one; employees must decide what they think is the right course of action. This may involve rejecting the route that would lead to the biggest short-term profit. Ethical behaviour and corporate social responsibility can bring significant benefits to a business. For example, they may: attract customers to the firm's products, thereby boosting sales and profits make employees want to stay with the business, reduce labour turnover and therefore increase productivity attract more employees wanting to work for the business, reduce recruitment costs and enable the company to get the most talented employees attract investors and keep the company's share price high, thereby protecting the business from takeover. Unethical behaviour or a lack of corporate social responsibility, by comparison, may damage a firm's reputation and make it less appealing to stakeholders. Profits could fall as a result

Definitions
'A creative and well managed corporate and social responsibility programme is in the best interests of all our stakeholders - not just our consumers - but also our shareowners, employees, customers, suppliers and other business partners who work together with us. *

Investopedia explains 'Business Ethics'

Business ethics are implemented in order to ensure that a certain required level of trust exists between consumers and various forms of market participants with businesses. For example, a portfolio manager must give the same consideration to the portfolios of family members and small individual investors. Such practices ensure that the public is treated fairly

The study of proper business policies and practices regarding potentially controversial issues, such as corporate governance, insider trading, bribery, discrimination, corporate social responsibility and fiduciary responsibilities. Business ethics are often guided by law, while other times provide a basic framework that businesses may choose to follow in order to gain public acceptance.

About Novaritis Novartis International AG is a Swiss multinational pharmaceutical company based in Basel, Switzerland, ranking number two in sales (46.806 billion US$) among the world-wide industry in 2010.[2] Novartis manufactures such drugs as clozapine (Clozaril), diclofenac (Voltaren), carbamazepine (Tegretol), val sartan (Diovan) and imatinib mesylate(Gleevec/Glivec). Additional agents include cyclosporin (Neoral/Sandimmun), letrozole (Femara), methylphenid ate (Ritalin), terbinafine (Lamisil), and others. Renamed to Novartis following an acquisition by Ciba-Geigy, it owns Sandoz, a large manufacturer of generic drugs. The company formerly owned theGerber Products Company, a major infant and baby products producer, but sold it to Nestl on 1 September 2007.[3][4][5][6]

Novartis is a full member of the European Federation of Pharmaceutical Industries and Associations (EFPIA)[7] the International Federation of Pharmaceutical Manufacturers and Associations (IFPMA),[8] and the Pharmaceutical Research and Manufacturers of America (PhRMA).

Business Ethics of Novartis

CEO'S Statement on Novartis Code of Conduct
"Our mission at Novartis is to discover, develop and successfully market innovative products to prevent and cure diseases, to ease suffering and to enhance the quality of life. We also want to provide a shareholder return that reflects outstanding performance and to adequately reward those who invest ideas and work in our company. We aspire to be the worlds most respected and successful healthcare company. We can only realize this aspiration if we earn and maintain the trust and support of our key stakeholder groups: our patients, our associates, our shareholders, our healthcare partners, and society at large. Our Code of Conduct reflects our commitments to meet the expectations of our stakeholders as a responsible corporate citizen and contains the fundamental principles and rules concerning ethical business conduct. We believe that how we achieve our business results is as important as the achievement itself. The Novartis Code of Conduct forms an integral part of the terms of employment of all associates of the Novartis Group. Novartis insists on full compliance and will not tolerate any misconduct. We thank you for your continued support and commitment to our Novartis Code of Conduct. Our combined efforts will enable us to better meet the needs of patients, to deliver sustainable performance, and to strengthen our reputation. Daniel Vasella Joseph Jimenez

Chairman CEO

Values and Code of Conduct of Novartis Patients

Patient benefit and safety We expect our associates in all areas of our business to focus on enabling better patient outcomes and providing innovative solutions to patient needs around the world, while adhering to the respective laws governing those activities. Compromising patient benefit or safety is not an option. Research and development In all our research activities we strive to ensure the rights, safety and wellbeing of all participants. We are committed to a global set of core ethical principles based on the Declaration of Helsinki and the principles of Good Clinical Practice. When we have to use animals for research purposes we are committed to minimizing their discomfort and pain. We will use alternatives to animal research whenever possible. Product quality and safety We discover, develop and manufacture high-quality products that meet all regulatory requirements, and pursue quality beyond compliance in both our products and processes. We protect patient safety by identifying, assessing, managing and reporting any product-related risks in a timely manner.

Access to healthcare As a healthcare company, our primary responsibility is to discover and develop new products to prevent and cure diseases. With collaborators around the world, we also work to enhance access to healthcare for patients through medical research, new business models and actions to strengthen healthcare systems in both developing and advanced economies.

ASSOCIATES
Fair working conditions We commit to provide our associates fair and competitive wages based on performance and ethical conduct. We protect associates from unfair or unethical working conditions, including bonded, forced or child labor, or any unsafe working conditions. Diversity and inclusion We treat our associates fairly, equally and respectfully. We expect associates to demonstrate respect toward each other and we do not tolerate any form of harassment or discrimination. We seek to create an inclusive work environment where associates regardless of their backgrounds can contribute fully. We appreciate the diversity and individuality of our associates and do not discriminate based on personal characteristics such as nationality, gender, age, ethnicity, religion, sexual orientation or disability. We believe a diverse workforce that reflects the global community of our patients and customers is critical to our success. We therefore attract, develop and retain highly talented people with diverse backgrounds and inclusive mindsets. Associate appraisal and development

The evaluation of an associates performance considers both achievement on objectives as well as adherence to the Novartis Values and Behaviors. Constructive dialogue between the associate and supervisor on goals, priorities and development needs is an essential part of the Novartis Performance Management Process. We offer opportunities for our associates to develop, grow and continuously improve individual skills to strengthen the competencies of Novartis as a whole. Freedom of opinion, speech and association. We respect the right of associates to choose to join an association, provided that local law is respected. Novartis engages in constructive dialogue with associates and their representatives. We recognize that every associate is entitled to freedom of opinion, expression and speech, provided these do not interfere with the associates ability to fulfill their job responsibilities or conflict with the Novartis Code of Conduct

SHAREHOLDERS
Financial integrity We do not compromise our financial integrity. Financial risks and operational measures must be appropriately reviewed and approved. We provide timely, accurate and complete financial information to our shareholders and financial markets. We maintain effective controls over financial reporting to ensure a complete and accurate record of our financial transactions. Associates must not trade shares or other securities on the basis of material non-public information.

Business continuity We believe that business continuity management is critical for our patients, customers, associates and other stakeholders, and is part of responsible management practice. In the event of an emergency or significant business disruption, we are committed to doing our utmost to ensure uninterrupted supply of key products and services. Safeguarding corporate assets We work to protect assets of Novartis against threats. This applies to our associates, reputation, intellectual property, information, products, property and other assets. We properly use and maintain assets of Novartis and ensure that they are protected from misuse, loss, theft and waste. All Novartis assets must be used for legitimate business purposes. We protect our investments in intangible assets by obtaining, enforcing and defending intellectual property (IP) rights and by maintaining confidentiality of sensitive information. We also respect legitimate IP rights of others. IP created, developed or obtained by associates and related to their employment belongs to Novartis. Information security We protect the confidentiality, integrity and availability of critical information, regardless of its form and location. Conflict of interest

Personal interests must not influence our business judgment or decision making. Associates must disclose actual or potential conflicts of interest to their supervisor. Newly hired associates are requested to disclose any actual or potential conflicts of interest before they begin employment.

HEALTHCARE PARTNERS
Customer satisfaction We strive for the highest customer satisfaction. We listen to our customers and create solutions that add value and create mutual benefit for them and for Novartis. Anti-bribery and corruption We do not tolerate any form of bribery or corruption. We do not bribe any public official or private person and we do not accept any bribes. Fair competition We are committed to fair competition and will not breach competition laws and regulations. Marketing practices We market and sell our products in compliance with all applicable rules and regulations, and in line with high ethical standards. This commitment also applies to all our other activities relating to the

commercialization of our products, such as the collection and communication of medical and other information. Commitment to all laws and regulations We comply with all laws and regulations applicable to our activities. We also implement and comply with our internal policies. Third party integrity We expect third parties with whom we work to comply with the law, to adhere to ethical business practices, and to observe our standard requirements concerning labor, health, safety, environmental protection and management systems.

SOCIETY
Corporate citizenship By actively contributing to social, ecological, cultural, and other projects and programs, we strive to contribute to the solution of societal problems. We are committed to the United Nations Global Compact, the worlds largest corporate citizenship initiative. Transparency

We are open and transparent with respect to our business principles and practices and comply with applicable laws and regulations. Human rights We strive to ensure that activities within our sphere of influence do not negatively impact fundamental human rights, as set out by the United Nations Bill of Rights and the core conventions of the International Labor Organization, either directly or through our business relations. Health, safety and environment We strive to be a leader in all aspects of occupational health, safety and environmental protection. We systematically identify and manage health, safety and environmental risks in our activities and over the entire value chain of our products and services. We proactively foster and encourage a strong culture of safe behavior. We make efficient use of natural resources and minimize the environmental impact of our activities and products over their life cycle. Data privacy We respect the privacy rights of our associates, patients, physicians, and other stakeholders. We inform individuals of collection and processing of their personal data, allowing them to make informed decisions and exercise their rights. We collect and process personal data for specific and legitimate

business purposes only and secure such data against unauthorized access.

Programs and Practices Conducted by Novartis to Ensure Good Business Ethics

Handling complaints
Novartis supports an open culture in which employees are required to report violations of our Code of Conduct and are protected from retaliation or penalties. The Business Practices Office (BPO)provides a formal system for dealing with complaints of actual or suspected cases of misconduct. The BPO offers employees and external stakeholders a trusted channel to report misconduct without fear of reprisal or penalty. All complaints are investigated, and substantiated cases are escalated to management for appropriate action. During 2011, the BPO received 1 522 complaints that became investigations, with 825 of these substantiated and 384 dismissals and resignations related to misconduct. The majority of cases investigated by the BPO involved fraud, such as fraudulent expense reporting.

Monitoring
Monitoring helps ensure integrity standards are effectively implemented. Local managers are responsible for applying of key policies and standards,

including the Novartis Pharma Principles and Practices for Professionals (NP4) Policy and Guidelines.

Bribery and corruption

Novartis Group companies will not engage directly or indirectly in bribery. Bribery means to offer, promise or provide an undue benefit to a public official with the intention of obtaining or retaining an improper advantage by encouraging the official to act, or refrain from acting, in connection with an official duty. All activities of this nature are prohibited. To ensure that our values are translated into action, we have established a global Integrity and Compliance program to monitor conformity with our standards, as addressed in the Novartis Code of Conduct, the Novartis guideline on business ethics and Novartis Pharma Principles and Practices for Professionals (NP4) Policy and Guidelines. Our Business Practices Office confidentially handles complaints and allegations of misconduct.

Setting objectives and incentives

Adherence to Novartis values and behaviors is part of the annual performance appraisals of all associates. We also screen the integrity track record of associates being considered for leadership positions.

Training and guiding associates

All Novartis Group company employees are required to complete integrity and compliance training. Training and communication help to maintain a culture of ethics and improve compliance, particularly when supported by an infrastructure that provides guidance and advice. Training is offered in a range of formats, including e-Training, face-to-face programs and workshops. E-Training courses exist in 17 languages highlighting topics of our Novartis Code of Conduct.

Responsible Lobbying

We believe it is our responsibility to share our perspective, scientific knowledge and technical expertise and provide fact-based information to policymakers and regulatory authorities. We strive to engage in constructive debate with government and other stakeholders to improve outcomes for patients globally, while preserving incentives for research and innovation. Much of this work is done through trade associations, which can be a powerful vehicle for raising industry standards and exchanging best practice

Data privacy
Data privacy is an increasingly important issue in the healthcare industry. All individuals including patients, employees, consumers or investors expect protection of their personal data, which can comprise name, work and home address, family information, employment or financial details, or more sensitive health information. Our policy on the protection of personal information serves as the framework of our data privacy program. Our program includes a global organization and infrastructure as well as procedures and trainings to support local activities and ensure compliance. This data privacy framework has now been formalized through the Novartis Binding Corporate Rules (BCR). The BCR are a system of principles, rules and tools, provided by European law, in an effort to ensure effective levels of data protection, in particular relating to transfers of personal information outside the EEA and Switzerland

CSR ACTIVITIES CONDUCTED BY NOVARTIS FOR ITS STAKEHOLDERS

FOR PATIENTS

- Arogya Parivar means healthy family in Hindi, and this Novartis initiative applies innovative business thinking to address the health needs of Indias enormous rural population a market segment that has become known as the bottom of the pyramid. The approach uses a marketing mix based on the 4 As Awareness, Acceptability, Affordability and Availability adapted to low-income markets

- During 2010, vaccines and medicines from Novartis were used to protect and treat more than 900 million people around the world. Our access-tomedicine programs reached 85.5 million patients. One Novartis patient out of 11 received treatment through an access program - Novartis has provided free treatment for leprosy patients worldwide since 2000 leading to the cure of approximately 5 million patients and near elimination of the disease.

- The Novartis Foundation for Sustainable Development (NFSD) has worked to improve the standard of health in developing countries for more than 30 years. Current projects include an initiative to support AIDS orphans in 13 African countries. To date, the project has reached more than 5 million children

- Since 2001, Novartis has supplied more than 400 million Coartem treatments to malaria endemic countries, helping to save an estimated 1 million lives.

- The Novartis Vaccines Institute for Global Health (NVGH) is dedicated to discovering vaccines for diseases that are devastating to developing countries and do not receive adequate attention.

EMPLOYEES
- Be Healthy is the first Novartis company-wide health and well-being initiative, and is intended to benefit all Novartis Group company associates. The initiative provides associates a platform to become more involved in their personal health and live healthier lives. This initiative builds upon a tradition of providing well-being programs for associates at Novartis.

- Novartis were one of the first international companies to develop and implement a voluntary commitment to pay a living wage to all associates around the world.

Community
- Novartis global volunteer activity takes the form of Community Partnership Day, an initiative replicated by Novartis Group company sites every year, which provides an opportunity for associates around the world to make a difference in their local communities. Activities have included renovating schools, accompanying children with disabilities on trips, working at food donation banks, and using business skills to help local organizations improve their efficiency. In 2011, more than 20 000 associates took part in Community Partnership Day

- In 2010, Novartis had provided the equivalent USD 1.7 million in medicines to victims of the Haiti earthquake. In addition, Novartis and our associates donated USD 1.8 million through a matching gift program.

ETHICAL ISSUES FACED BY NOVARTIS

Challenge to India's patent laws - April, 2013 India's Supreme Court has rejected drug maker Novartis AG's attempt to patent an updated version of a cancer drug in a landmark decision that health activists say ensures poor patients around the world will get continued access to cheap versions of lifesaving medicines. The decision generated widespread global news coverage and reignited debates on balancing public good with monopolistic pricing, innovation with affordability etc. The decision also ensured steady availability of low cost generic versions of life saving drugs based on imatininb or imatinib mesylate polymorphs. Novartis had argued that it needed a patent to protect its investment in the cancer drug Glivec, while activists said the drug did not merit intellectual property protection in India because it was not a new medicine. In response to the ruling, Novartis said it would not invest in drug research in India. The court's decision has global significance since India's US$26 billion generic drug industry, which supplies much of the cheap medicine used in the developing world, could be stunted if Indian law allowed global drug companies to extend the lifespan of patents by making minor changes to medicines. Once a drug's patent expires, generic manufacturers can legally produce it. They are able to make drugs at a fraction of the original manufacturer's

cost because they don't carry out the expensive research and development. Pratibha Singh, a lawyer for the Indian generic drug manufacturer Cipla, which makes a version of Glivec for less than a tenth of the original drug's selling price, said the court ruled that a patent could only be given to a new drug, and not to those which are only slightly different from the original. Support The judgement garnered widespread support from international organisations and advocacy groups like Mdecins Sans Frontires, WHO, etc. who welcomed the decision against evergreening of pharmaceutical patents. It also got extensive coverage from Indian and international media. Most news item contrasted the huge price difference between patented Gleevec of Novartis and the generic versions of Cipla, it further highlighted that the cost of life saving medicine based on imatinib derivatives are going to remain affordable in India. Some commentators have stated that this strict patent requirement would actually enhance innovation as the pharmaceutical companies would have to invest more in R&D to come up with new cures rather than repackage known compounds. Others have suggested that exclusions under section 3(d) present the hard cases that lie at the margins of the patent system due to the eternally unsettled nature of the definition of the term 'invention'. Several patent law experts have also pointed out that stringent conditions for patentability are followed in many jurisdictions around the world, and there is no reason India should not follow the same standards, given the extent of poverty and lack of availability of affordable medicines in the country. Opposition Novartis decided to stop any further investment in R&D in India, Ranjit Shahani, vice-chairman and managing director of Novartis India Ltd is quoted as saying "This ruling is a setback for patients that will hinder medical progress for diseases without effective treatment options." He also declared that Novartis "will not invest in drug research in India." However such threats have been scoffed at as the R&D expenditure of Novartis India in 2012 constituted roughly 0.03 percent of its entire expenditure in India.

Novartis says 'NO' to free flu vaccines - June 2009

Novartis, the Swiss pharmaceuticals group, defied the World Health Organisation and some of its corporate peers by ruling out a donation to the poor of vaccines to counter the latest flu pandemic, and saying developing nations or donor nations should cover the costs. Daniel Vasella, Novartis chief executive, told the Financial Times that he would consider offering discounted pricing to low-income nations, but unlike other drug companies, including GlaxoSmithKline, would not offer vaccines for free. He said: "If you want to make production sustainable, you have to create financial incentives." His comments were a rebuff to Margaret Chan, WHO director-general, who last week said the H1N1 swine flu outbreak had become a pandemic. She has called on vaccine makers to show "solidarity" in offering vaccines to the poor. The remarks highlight divisions in the industry. GSK has pledged 50m doses of its flu vaccine to the poor, and some smaller producers in developing countries saythey will earmark 10 per cent of their production for free distribution Meanwhile, the US government has already purchased $289m of H1N1 vaccines from Novartis, although it has yet formally to approve the product. Novartis owns Chiron, the US vaccine company that on Friday claimed it was the first producer to complete trial H1N1 vaccine batches using an accelerated cell-based technique rather than conventional production in eggs.

Sexual discrimination - On May 17, 2010

On May 17, 2010, a jury in the United States District Court for the Southern District of New York awarded $3,367,250 in compensatory damages against Novartis, finding that the company had committed sexual discrimination against twelve female sales representatives and entrylevel managers since 2002, in matters of pay, promotion, and treatment after learning that the employees were pregnant. Two days later (the trial

was bifurcated so that the punitive damages verdict was argued and deliberated separately), the jury awarded punitive damages in the amount of $250 million, representing about 2% of Novartis' gross revenues for 2009. Normally punitive damages would be reduced to less than a 10:1 ratio, but the trial was for a group of named plaintiffs in a class action, who were representing a class of 5,600 class members. The jury was instructed to award compensatory damages just to the named plaintiffs, but to award punitive damages to the entire class.

Advertising practices
In September 2008, the U.S. Food and Drug Administration (FDA) sent a notice to Novartis Pharmaceuticals regarding its advertising of Focalin XR, an ADHD drug, in which the company overstated its efficacy while marketing to the public and medical professionals.

Settlement of fraudulent Charges

The Swiss drug giant Novartis paid $422.5 million to settle criminal and civil investigations into the marketing of the antiseizure medicine Trileptal and five other drugs. Federal prosecutors accused Novartis of paying illegal kickbacks to health care professionals through speaker programs, advisory boards, entertainment, travel and meals. But aside from pleading guilty to one misdemeanor charge of mislabeling in an agreement that Novartis announced in February, the company denied wrongdoing. Novartis joins a growing list of pharmaceutical companies that have settled government investigations into health care fraud in the last few years, including Pfizer, which paid $2.3 billion; Eli Lilly, $1.4 billion; Allergan, $600 million; AstraZeneca, $520 million; Bristol-Myers Squibb, $515 million; and Forest Laboratories, $313 million. Pfizer, Lilly, Allergan and Forest pleaded guilty to crimes in the cases.The settlement included a $170 million criminal fine and $15 million in criminal forfeiture by Novartis Pharmaceuticals, its United States subsidiary. The plea was announced by the office of the United States attorney in Philadelphia, which has specialized in health care fraud investigations of companies that promote

drugs for uses not approved by the Food and Drug Administration, known as off-label marking. Off-label marketing can undermine the doctor-patient relationship and adversely influence the clear judgment that a doctors patients have come to rely on and trust, said Zane David Memeger, the United States attorney.

Using the courts to prevent British Health Trusts from switching to cheaper alternatives
According to the BBC, Novartis used the courts to try and prevent British NHS Trusts switching from using Lucentis at 700 an injection to using rival Avastin at 60 an injection citing concerns for patient safety due to the unlicensed nature of Avastin in the treatment of Age Related Macular Degeneration