Pfe Notes
Pfe Notes
Ethics is mainly known as the principle of moral conduct that makes a distinction
between good and bad/ evil, right and wrong, virtue and non-virtue. The word ethics
is derived from a Greek word ‘ethos’ meaning character. It is a branch of knowledge
that governs right and wrong conducts and behaviours of an individual, profession,
group or organization. It is a core of the professional and personal lives of people.
Different scholars have defined ethics differently. However different their definitions
might be, ethics is always concerned with morality and right vs wrong and good vs
evil. It is applied universally. There is also ethics in professions such as journalism,
advertising, education, medicine, etc.
As per paper published by Science Direct – “Ethics is the most important and
functioning branch of philosophy in today. In general, ethics is moral philosophy. The
term ethics is derived from Greek term Ethos which means custom, character. It is
related to our values and virtues. Therefore, our actions and our experiences in
everyday life are the subjects of ethics. We have the capacity to think about our
choices, so we are responsible for all our decisions and actions.”
1. Meta-Ethics
2. Normative Ethics
3. Applied Ethics
Decision Ethics
Professional Ethics
Clinical Ethics
Business Ethics
Organizational Ethics
Social Ethics
Applied ethics takes into consideration issues such as abortion, euthanasia, capital
punishment, drug decriminalization, gay marriage, etc.
Nature of Ethics
Objectives of Ethics
Objectivity
Impartiality
Accuracy
Public Accountability
Fairness
Truthfulness
The objectives of ethics are to study and assess human behaviour. It is also to
establish principles and moral standards of behaviour. Ethics is not compulsory in a
person’s life and it is not forced upon anyone but being ethical is one step forward
towards being a good person.
The word deontology derives from the Greek words for duty (deon) and
science (or study) of (logos). In contemporary moral philosophy,
deontology is one of those kinds of normative theories regarding
which choices are morally required, forbidden, or permitted. In other
words, deontology falls within the domain of moral theories that
guide and assess our choices of what we ought to do (deontic
theories), in contrast to those that guide and assess what kind of
person we are and should be (aretaic [virtue] theories). And within
the domain of moral theories that assess our choices, deontologists—
those who subscribe to deontological theories of morality—stand in
opposition to consequentialists.
Utilitarianism would say that an action is right if it results in the happiness of the
greatest number of people in a society or a group.
Virtue ethics is a philosophy developed by Aristotle and other ancient Greeks. It is the
quest to understand and live a life of moral character.
To illustrate the difference among three key moral philosophies, ethicists Mark White
and Robert Arp refer to the film The Dark Knight where Batman has the opportunity
to kill the Joker. Utilitarians, White and Arp suggest, would endorse killing the Joker.
By taking this one life, Batman could save multitudes. Deontologists, on the other
hand, would reject killing the Joker simply because it’s wrong to kill. But a virtue
ethicist “would highlight the character of the person who kills the Joker. Does Batman
want to be the kind of person who takes his enemies’ lives?” No, in fact, he doesn’t.
So, virtue ethics helps us understand what it means to be a virtuous human being.
And, it gives us a guide for living life without giving us specific rules for resolving
ethical dilemmas.
Rights are safeguards that protect the interests of the rights-bearer. If someone has a
negative right, others are forbidden to treat them in a certain way. According to rights
theories, rights are an especially strong kind of protection, because they cannot be
overridden even if it would procure a greater benefit for others (unless that benefit is
granted by another right). For example, rights theories typically prescribe that we
have a right not to be killed, and this right cannot be overridden even for some greater
good, such as saving the lives of other people (see Rights theories). Rights theories
need to specify which beings have rights, what rights, and why.1
Rights can be negative or positive. The rights to life and safety from physical harm
are examples of negative rights, because infringing upon these rights involves
bringing harm to the rights-bearer. Positive rights are a binding moral claim to receive
certain treatment from others. The right to education and the right to vote are
examples.
It is sometimes claimed that only human beings should have rights. Below we will
argue that this is a speciesist position, and that all sentient beings, including
nonhuman animals used by humans and in the wild should have both negative and
positive rights too, if humans have them.
Examples
For example, while a principle-based approach might claim that lying is always
morally wrong, the casuist would argue that, depending upon the details of the case,
lying may or may not be illegal or unethical. For instance, the casuist might conclude
that a person is wrong to lie in legal testimony under oath, but might argue that lying
actually is the best moral choice if the lie saves a life (Thomas Sanchez and others
thus theorized a doctrine of mental reservation). For the casuist, the circumstances of
a case are essential for evaluating the proper response.
Morals, values and Ethics
According to the dictionary, values are “things that have an intrinsic worth in
usefulness or importance to the possessor,” or “principles, standards, or qualities
considered worthwhile or desirable.” However, it is important to note that, although
we may tend to think of a value as something good, virtually all values are morally
relative – neutral, really – until they are qualified by asking, “How is it good?” or
“Good to whom?” The “good” can sometimes be just a matter of opinion or taste, or
driven by culture, religion, habit, circumstance, or environment, etc. Again, almost
all values are relative. The exception, of course, is the value of life. Life is a universal,
objective value. We might take this point for granted, but we all have the life value, or
we would not be alive. Life is also a dual value – we value our own life and the lives
of others.
Moral values are relative values that protect life and are respectful of the dual life
value of self and others. The great moral values, such as truth, freedom, charity, etc.,
have one thing in common. When they are functioning correctly, they are life
protecting or life enhancing for all. But they are still relative values. Our relative
moral values must be constantly examined to make sure that they are always
performing their life-protecting mission. Even the Marine Corps core values of
“honor, courage and commitment” require examination in this context. Courage can
become foolish martyrdom, commitment can become irrational fanaticism, honor can
become self-righteousness, conceit, and disrespect for others. Our enemies have their
own standard of honor, they have courage, and they are surely committed. What sets
us apart? Respect for the universal life value sets us apart from our enemies.
What is Ethics?
A person who knows the difference between right and wrong and chooses right is
moral. A person whose morality is reflected in his willingness to do the right thing –
even if it is hard or dangerous – is ethical. Ethics are moral values in action. Being
ethical id an imperative because morality protects life and is respectful of others – all
others. It is a lifestyle that is consistent with mankind’s universal values as articulated
by the American Founding Fathers – human equality and the inalienable right to life.
As warriors it is our duty to be protectors and defenders of the life value and to
perform the unique and difficult mission of taking the lives of those acting immorally
(against life) when necessary to protect the lives of innocent others.
What is morality?
ü
The word morality is concerned with:
ü
According to the Oxford dictionary, morality means principles
concerning right and wrong or good and bad behavior.
ü
Moral reasons are required to support an act (or an ideal) to be called
as morally right act (or an ideal is moral )
VARIETY OF MORAL ISSUES
2. Macro-ethics: this approach deals with all societal problems that
engineers encounter
Engineers carry out various activities and decision-making exercises
involving technical, financial, managerial, environmental, and ethical
issues. There are many situations and moral issues that cause professional
disagreements among engineers.
ü
Being an employee to firm, the engineer has to work towards
the achievement of the objectives of his/her organization.
ü
Engineers have to give higher priority to the benefits of the
organization than one‘s own benefits.
ü
Engineers should be able to work collectively with colleagues
and other members in order to achieve firm‘s goals.
ü
As we know, the purpose of any business is to reach and
satisfy the end users. Therefore the customers‘ requirements
should be met.
ü
In this regard, engineers have a major role to play in
identifying the ‗customer voice‘, and incorporating the voice
of the customer into the product design and manufacture.
ü
Apart from engineering technicality issues, engineers also
should face other moral and ethical issues with
clients/customers.
ü
In order to withstand in a market, engineers should produce
things better than their competitors by all means.
ü
But engineers should not practice cut-throat competition. They
should follow certain professional behavior while facing
their competitors.
ü
Thus engineers should hold paramount the safety, health and
welfare of the customers in the performance of their
professional duties.
ü
The engineers should obey and voluntarily comply with all the
governmental rules and regulations related to them.
ü
They should also respect and honestly practice all other similar
laws, policies, and regulations.
ü
The engineers should follow strictly the various codes of ethics
by various professional societies such as National Society of
Professional Engineers (NSPE), the Institute of Electrical
and Electronics Engineers (IEEE), and American Society of
Mechanical Engineers (ASME), in order to perform standard
professional behavior.
ü
Professional codes of ethics reflect basic ‗norms‘ of conduct
that exist within a particular professional and provide
general guidance relating to a variety of issues.
ü
Since the works of engineers have a direct and vital impact on
the quality of life for all people, the engineers should be
dedicate to the protection of the public health, safety and
welfare.
ü
Also engineers need to be aware their role as agents of
experimenters. They should have a united commitment in
protecting the environment. They should not involve in any
unethical environmental issues such as misusing scarce
resources, and fouling environment.
ü
As a human being and the member of a family, the engineers
do have family obligations to take care the needs of their
family members. But they should not take any decisions for
their own benefits at the cost of public, clients, or employers.
ü
Thus the above discussion explains how the ethical problems
often arise in the engineering profession.
Moral autonomy, usually traced back to Kant, is the capacity to
deliberate and to give oneself the moral law, rather than merely
heeding the injunctions of others. Personal autonomy is the capacity
to decide for oneself and pursue a course of action in one's life,
often regardless of any particular moral content.
Beneficence
The principle of beneficence is the obligation of physician to act for the benefit of the
patient and supports a number of moral rules to protect and defend the right of others,
prevent harm, remove conditions that will cause harm, help persons with disabilities,
and rescue persons in danger. It is worth emphasizing that, in distinction to
nonmaleficence, the language here is one of positive requirements. The principle calls
for not just avoiding harm, but also to benefit patients and to promote their welfare.
While physicians’ beneficence conforms to moral rules, and is altruistic, it is also true
that in many instances it can be considered a payback for the debt to society for
education (often subsidized by governments), ranks and privileges, and to the patients
themselves (learning and research).
Nonmaleficence
Nonmaleficence is the obligation of a physician not to harm the patient. This simply
stated principle supports several moral rules – do not kill, do not cause pain or
suffering, do not incapacitate, do not cause offense, and do not deprive others of the
goods of life. The practical application of nonmaleficence is for the physician to
weigh the benefits against burdens of all interventions and treatments, to eschew those
that are inappropriately burdensome, and to choose the best course of action for the
patient. This is particularly important and pertinent in difficult end-of-life care
decisions on withholding and withdrawing life-sustaining treatment, medically
administered nutrition and hydration, and in pain and other symptom control. A
physician’s obligation and intention to relieve the suffering (e.g., refractory pain or
dyspnea) of a patient by the use of appropriate drugs including opioids override the
foreseen but unintended harmful effects or outcome (doctrine of double effect) [7, 8].
Autonomy
Detractors of the principle of autonomy question the focus on the individual and
propose a broader concept of relational autonomy (shaped by social relationships and
complex determinants such as gender, ethnicity and culture) [12]. Even in an
advanced western country such as United States, the culture being inhomogeneous,
some minority populations hold views different from that of the majority white
population in need for full disclosure, and in decisions about life support (preferring a
family-centered approach) [13].
Resistance to the principle of patient autonomy and its derivatives (informed consent,
truth-telling) in non-western cultures is not unexpected. In countries with ancient
civilizations, rooted beliefs and traditions, the practice of paternalism (this term will
be used in this article, as it is well-entrenched in ethics literature, although
parentalism is the proper term) by physicians emanates mostly from beneficence.
However, culture (a composite of the customary beliefs, social forms, and material
traits of a racial, religious or social group) is not static and autonomous, and changes
with other trends over passing years. It is presumptuous to assume that the patterns
and roles in physician-patient relationships that have been in place for a half a century
and more still hold true. Therefore, a critical examination of paternalistic medical
practice is needed for reasons that include technological and economic progress,
improved educational and socioeconomic status of the populace, globalization, and
societal movement towards emphasis on the patient as an individual, than as a
member of a group. This needed examination can be accomplished by research that
includes well-structured surveys on demographics, patient preferences on informed
consent, truth-telling, and role in decision-making.
Informed Consent
As competence is the first of the requirements for informed consent, one should know
how to detect incompetence. Standards (used singly or in combination) that are
generally accepted for determining incompetence are based on the patient’s inability
to state a preference or choice, inability to understand one’s situation and its
consequences, and inability to reason through a consequential life decision [16].
Truth-Telling
Truth-telling is a vital component in a physician-patient relationship; without this
component, the physician loses the trust of the patient. An autonomous patient has not
only the right to know (disclosure) of his/her diagnosis and prognosis, but also has the
option to forgo this disclosure. However, the physician must know which of these 2
options the patient prefers.
In the United States, full disclosure to the patient, however grave the disease is, is the
norm now, but was not so in the past. Significant resistance to full disclosure was
highly prevalent in the US, but a marked shift has occurred in physicians’ attitudes on
this. In 1961, 88% of physicians surveyed indicated their preference to avoid
disclosing a diagnosis [19]; in 1979, however, 98% of surveyed physicians favored it
[20]. This marked shift is attributable to many factors that include – with no order of
importance implied – educational and socioeconomic progress, increased
accountability to society, and awareness of previous clinical and research
transgressions by the profession.
Importantly, surveys in the US show that patients with cancer and other diseases wish
to have been fully informed of their diagnoses and prognoses. Providing full
information, with tact and sensitivity, to patients who want to know should be the
standard. The sad consequences of not telling the truth regarding a cancer include
depriving the patient of an opportunity for completion of important life-tasks: giving
advice to, and taking leave of loved ones, putting financial affairs in order, including
division of assets, reconciling with estranged family members and friends, attaining
spiritual order by reflection, prayer, rituals, and religious sacraments [21, 22].
In contrast to the US, full disclosure to the patient is highly variable in other countries
[23]. A continuing pattern in non-western societies is for the physician to disclose the
information to the family and not to the patient. The likely reasons for resistance of
physicians to convey bad news are concern that it may cause anxiety and loss of hope,
some uncertainty on the outcome, or belief that the patient would not be able to
understand the information or may not want to know. However, this does not have to
be a binary choice, as careful understanding of the principle of autonomy reveals that
autonomous choice is a right of a patient, and the patient, in exercising this right, may
authorize a family member or members to make decisions for him/her.
Confidentiality
Although this weighty health-care policy discussion exceeds the scope of this review,
a few examples on issues of distributive justice encountered in hospital and office
practice need to be mentioned. These include allotment of scarce resources
(equipment, tests, medications, organ transplants), care of uninsured patients, and
allotment of time for outpatient visits (equal time for every patient? based on need or
complexity? based on social and or economic status?). Difficult as it may be, and
despite the many constraining forces, physicians must accept the requirement of
fairness contained in this principle [26]. Fairness to the patient assumes a role of
primary importance when there are conflicts of interests. A flagrant example of
violation of this principle would be when a particular option of treatment is chosen
over others, or an expensive drug is chosen over an equally effective but less
expensive one because it benefits the physician, financially, or otherwise.
On the other end of the scale of hard paternalism is consumerism, a rare and extreme
form of patient autonomy, that holds the view that the physician’s role is limited to
providing all the medical information and the available choices for interventions and
treatments while the fully informed patient selects from the available choices. In this
model, the physician’s role is constrained, and does not permit the full use of his/her
knowledge and skills to benefit the patient, and is tantamount to a form of patient
abandonment and therefore is ethically indefensible.
Faced with the contrasting paradigms of beneficence and respect for autonomy and
the need to reconcile these to find a common ground, Pellegrino and Thomasma [28]
argue that beneficence can be inclusive of patient autonomy as “the best interests of
the patients are intimately linked with their preferences” from which “are derived our
primary duties to them.”
One of the basic and not infrequent reasons for disagreement between physician and
patient on treatment issues is their divergent views on goals of treatment. As goals
change in the course of disease (e.g., a chronic neurologic condition worsens to the
point of needing ventilator support, or a cancer that has become refractory to
treatment), it is imperative that the physician communicates with the patient in clear
and straightforward language, without the use of medical jargon, and with the aim of
defining the goal(s) of treatment under the changed circumstance. In doing so, the
physician should be cognizant of patient factors that compromise decisional capacity,
such as anxiety, fear, pain, lack of trust, and different beliefs and values that impair
effective communication
Ethics is, in general terms, the study of right and wrong. It can look descriptively at
moral behaviour and judgements; it can give practical advice (normative ethics), or it
can analyse and theorise about the nature of morality and ethics.[1]
Contemporary study of ethics has many links with other disciplines in philosophy
itself and other sciences.[2] Normative ethics has declined, while meta-ethics is
increasingly followed. Abstract theorizing has in many areas been replaced by
experience-based research.[3]
Philosophers refer to people who have moral responsibility for an action as moral
agents. Agents have the capability to reflect upon their situation, to form intentions
about how they will act, and then to carry out that action. The notion of free will has
become an important issue in the debate on whether individuals are ever morally
responsible for their actions and, if so, in what sense. Incompatibilists regard
determinism as at odds with free will, whereas compatibilists think the two can
coexist.
1. Ethical ideals are founded in the moral order of the universe. Being a normative
science, ethics details ethical ideals. These ethical ideals are founded in the moral
order of the universe. Thus their study takes ethics into the field of philosophy.
2. Ethical ideals are based upon the nature of objects. Ethical judgments are
categorical imperatives. They are themselves based upon the nature of objects for
which ethics has to go to philosophy.
4. Philosophy details the relation of man to the world. Ethics treats man as a self-
conscious being, not a natural fact. Thus, for the discussion of the relation between
man and God, world and society, ethics has to turn to philosophy.
5. Philosophy systematizes both facts and values. Ethics being a science of values is
related to philosophy because the latter systematizes both facts and values.
6. Many philosophical problems come under ethics. Ethics has to explain many
philosophical problems.
Module 2 -
A code of ethics, also referred to as an "ethical code," may encompass areas such as
business ethics, a code of professional practice, and an employee code of conduct.
Key Takeaways
A code of ethics sets out an organization's ethical guidelines and best practices to follow for
honesty, integrity, and professionalism.
For members of an organization, violating the code of ethics can result in sanctions including
termination.
In some industries, including banking and finance, specific laws govern business conduct. In
others, a code of ethics may be voluntarily adopted.
The main types of codes of ethics include a compliance-based code of ethics, a value-based
code of ethics, and a code of ethics among professionals.
A focus on climate change has become an integral part of companies' codes of ethics,
detailing their commitment to sustainability.
While many laws exist to set basic ethical standards within the business community, it
is largely dependent upon a business's leadership to develop a code of ethics.
Both businesses and trade organizations typically have some sort of code of ethics
that their employees or members are supposed to follow. Breaking the code of ethics
can result in termination or dismissal from the organization. A code of ethics is
important because it clearly lays out the rules for behavior and provides the
groundwork for a preemptive warning.
While a code of ethics is often not required, many firms and organizations choose to
adopt one, which helps to identify and characterize a business to stakeholders.
Given the importance of climate change and how human behavior has led to severely
impacting the climate, many companies have taken to include climate factors in their
code of ethics. These principles include manners in which the company is dedicated to
operating sustainably or how they will shift to doing so.
In many cases, this commitment to sustainability adds to the costs of a company, but
because consumers are becoming more focused on the types of businesses they
choose to engage with, it is often worth the cost to maintain a good public image.
For all businesses, laws regulate issues such as hiring and safety standards.
Compliance-based codes of ethics not only set guidelines for conduct but also
determine penalties for violations.
In some industries, including banking, specific laws govern business conduct. These
industries formulate compliance-based codes of ethics to enforce laws and
regulations. Employees usually undergo formal training to learn the rules of conduct.
Because noncompliance can create legal issues for the company as a whole,
individual workers within a firm may face penalties for failing to follow guidelines.
To ensure that the aims and principles of the code of ethics are followed, some
companies appoint a compliance officer. This individual is tasked with keeping up to
date on changes in regulation codes and monitoring employee conduct to encourage
conformity.
This type of code of ethics is based on clear-cut rules and well-defined consequences
rather than individual monitoring of personal behavior. Despite strict adherence to the
law, some compliance-based codes of conduct do not thus promote a climate of moral
responsibility within the company.
A value-based code of ethics addresses a company's core value system. It may outline
standards of responsible conduct as they relate to the larger public good and the
environment. Value-based ethical codes may require a greater degree of self-
regulation than compliance-based codes.
Some codes of conduct contain language that addresses both compliance and values.
For example, a grocery store chain might create a code of conduct that espouses the
company's commitment to health and safety regulations above financial gain. That
grocery chain might also include a statement about refusing to contract with suppliers
that feed hormones to livestock or raise animals in inhumane living conditions.
Financial advisers registered with the Securities and Exchange Commission (SEC) or
a state regulator are bound by a code of ethics known as a fiduciary duty. This is a
legal requirement and also a code of loyalty that requires them to act in the best
interest of their clients.
Certified public accountants, who are not typically considered fiduciaries to their
clients, still are expected to follow similar ethical standards, such as integrity,
objectivity, truthfulness, and avoidance of conflicts of interest, according to the
American Institute of Certified Public Accountants (AICPA).
What is whistleblowing?
Whistleblowing is where an employee makes a protected disclosure to their employer
or the relevant regulator regarding specific concerns that they have discovered
through their work.
The disclosures must be in the public interest to be protected and normally made to
the employer or an appropriate body.
Consider an internal risk identification process (risk assessment) and tackle different
topics in open forums (e.g. weekly team meetings) to try and rectify minor issues
before they become a problem to report.
The benefits would include promoting an open culture as opposed to a culture of fear
and blame and having the finger on the pulse in terms of any potential issues within
the Practice.
3. Ensure management support the process
A quick and comprehensive investigation will ensure employees feel their concerns
are taken seriously and reduce the likelihood of legal action.
Whistleblower’s identities must be protected and all concerns raised must be dealt
with in confidence (similarl to grievances).
Members of staff should not be penalised in any way for making a disclosure,
including from colleagues.
Employers must not treat whistleblowers detrimentally in order to avoid legal action,
and also have a duty to manage any colleagues who do so (much like bullying and
harassment policies).
Alternatively, members can visit the FPM policies and procedures library for more
information on whistleblowing in the workplace.
As important as CSR is for the community, it is equally valuable for a company. CSR
activities can help forge a stronger bond between employees and corporations, boost
morale, and help both employees and employers feel more connected with the world
around them.
Conflicts of Interest
All corporate board members have fiduciary duties and a duty of loyalty to the
corporations they oversee. If one of the directors chooses to take action that benefits
them at the detriment of the firm, they are harming the company with a conflict of
interest.
One example might be the board member of a property insurance company who votes
on the induction of lower premiums for companies with fleet vehicles—when they, in
fact, own a truck company. Even if the institution of lower premiums isn't a bad
business move for the insurer, it could still be considered a conflict of interest because
the board member has a special interest in the outcome.
Managing Boundaries
Boundaries may be avoided, crossed, or violated. To avoid a boundary means that it
is not traversed at all. For example, with regard to the boundary of touch, consider a
psychotherapist treating a client who is a survivor of sexual assault or trauma. It may
be inappropriate and unbeneficial for the psychotherapist to use touch with the client,
and in fact may be harmful. Another example would be a male psychotherapist
providing psychotherapy to a female Orthodox Jew for whom any touch by a man
who is not her husband would be considered taboo.
Smith and Fitzpatrick (1995) defined boundary crossing as “a nonpejorative term that
describes departures from commonly accepted clinical practice that may or may not
benefit the client” (p. 500). Thus, traversing a boundary in a manner that is not
harmful or exploitative to the client and that may in fact, be supportive of a strong
therapeutic alliance and that may promote achieving treatment goals is considered a
boundary crossing. Possible examples of boundary crossings include shaking a
client’s extended hand upon first meeting or extending the time of a treatment session
for a client who is in crisis.
Multiple Relationships
To engage in a multiple relationship is to enter into a secondary relationship in
addition to the primary psychotherapy relationship. Multiple relationships may be
social, business or financial, or sexual in nature. The APA Ethics Code (APA, 2010)
makes it very clear that all multiple relationships need not be avoided; only those that
hold a significant potential for exploitation of, or harm to, the client, and those that are
likely to lead to impaired objectivity and judgment for the psychotherapist, must be
avoided. Of course, knowing this in advance may prove challenging. Thus, the use of
a decision-making process and consultation with colleagues is recommended when
the outcome and effects of an anticipated multiple relationship is unclear.
In addition to considering the questions listed above prior to entering into a multiple
relationship with a client or other individuals associated with the client, there are
ethical decision-making models that may prove helpful for making these decisions.
Younggren and Gottlieb (2004) suggest that the psychotherapist consider the
following questions when contemplating entering into a multiple relationship with a
client:
Organizational Loyalty
Employees’ loyalty makes the employees committed to their work. They hold a strong
sense of duty towards their work, and place intrinsic value on work. These employees
are motivated towards work and have a strong job involvement. Work becomes part
of their life.
Employee attitudes towards the organization then give rise to the behavioral
component of loyalty. An employee who has developed affection to the organization
is more likely to demonstrate loyal behaviours and work towards the overall goals of
the organization, such as improved productivity, greater efficiency, and a high-quality
service orientation to customers.
Module 3
Patents
Domain names
Industrial design
Confidential information
Inventions
Moral rights
Database rights
Works of authorship
Service marks
Logos
Trademarks
Design rights
Business or trade names
Commercial secrets
Computer software
What Are the Types of Intellectual Property?
There are four main types of intellectual property rights, including patents,
trademarks, copyrights, and trade secrets. Owners of intellectual property frequently
use more than one of these types of intellectual property law to protect the same
intangible assets. For instance, trademark law protects a product’s name, whereas
copyright law covers its tagline.
1. Patents
The U.S. Patent and Trademark Office grants property rights to original inventions,
from processes to machines. Patent law protects inventions from use by others and
gives exclusive rights to one or more inventors. Technology companies commonly
use patents, as seen in the patent for the first computer to protect their investment in
creating new and innovative products. The three types of patents consist of:
Design patents: Protection for the aesthetics of a device or invention. Ornamental design
patents include a product’s shape (Coca-Cola bottle), emojis, fonts, or any other distinct
visual traits.
Plant patents: Safeguards for new varieties of plants. An example of a plant patent is pest-
free versions of fruit trees. But inventors may also want a design patient if the tree has
unique visual properties.
Utility patents: Protection for a product that serves a practical purpose and is useful. IP
examples include vehicle safety systems, software, and pharmaceuticals. This was the first,
and is still the largest, area of patent law.
2. Trademarks
Although patents protect one product, trademarks may cover a group of products. The
Lanham Act, also called the Trademark Act of 1946, governs trademarks,
infringement, and service marks.
3. Copyrights
Copyright law protects the rights of the original creator of original works of
intellectual property. Unlike patents, copyrights must be tangible. For instance, you
can’t copyright an idea. But you can write down an original speech, poem, or song
and get a copyright.
4. Trade Secrets
Trade secrets are a company’s intellectual property that isn’t public, has economic
value, and carries information. They may be a formula, recipe, or process used to gain
a competitive advantage.
Business
Financial
Technical
Economic
Scientific
Engineering
Two well-known examples include the recipe for Coca-Cola and Google’s search
algorithm. Although a patent is public, trade secrets remain unavailable to anyone but
the owner.
While most confidentiality breaches are unintentional, clients can still suffer financial
losses as a result. In order to recoup their money, they may take legal action against
your firm. Professional indemnity insurance is designed to cover against such
instances.
Whatever the size of your business, it is important to have the appropriate policies and
procedures in place to help protect both parties' data. Providing confidentiality for
your business begins with the creation of a confidentiality policy (if you have
employees, make sure they read and sign it). These can differ from business to
business but, once in place, there are a range of steps you can take to minimise the
chances of a breach of confidentiality:
Definition:
There is no precise and scientific definition of natural justice.
However, the principles of natural justice are being acceptable and
enforced. Different judges, lawyers and Scholars define it in various
ways. In Vionet v. Barrett [1],
Lord Esher M.R has defined it as the natural sense of what is right
and wrong. Later, he had chosen to define natural justice as
fundamental justice in a subsequent case (Hopkins v. Smethwick Local
Board Of health) [2]. Lord Parker has defined it as duty act fairly.
Mr. Justice Bhagwati has taken it as fair play in action. Article 14
and 21 of the Indian Constitution has strengthened the concept of
natural justice.
1. Nemo Judex in causa sua or Nemo debet esse judex in propria causa or Rule against bias (No
man shall be a judge in his own cause).
2. Audi Alteram partem or the rule of fair hearing (hear the other side).
Rule against bias or bias of interest- the term bias means anything
which tends to or may be regarded as tending to cause such a person
to decide a case otherwise than on evidence must be held to be
biased. In simple words, bias means deciding a case otherwise than on
the principles of evidence.
The above rules make it clear that judiciary must be free from bias
and should deliver pure and impartial justice. Judges must act
judicially and decide the case without considering anything other
than the principles of evidence.
DO:
Maintain the highest standards of personal behavior at all times when interacting with
minors.
Whenever possible, try to have another adult present when you are working with minors in
an unsupervised setting. Conduct necessary one-on-one interactions with minors in a public
environment where you can be observed.
Listen to and interact with minors and provide appropriate praise and positive
reinforcement.
Treat all minors in a group consistently and fairly, and with respect and dignity.
Be friendly with minors within the context of the formal program or activity while
maintaining appropriate boundaries.
Maintain professional discipline and discourage inappropriate behavior by minors, consulting
with your supervisors if you need help with misbehaving youth.
Be aware of how your actions and intentions might be perceived and could be
misinterpreted.
Consult with other adult supervisors or colleagues when you feel uncertain about a situation.
DON'T:
Don’t spend time alone with one minor away from the group or conduct private interactions
with minors in enclosed spaces or behind closed doors.
Don’t engage in inappropriate touching or have any physical contact with a minor in private
locations.
Don’t use inappropriate language, tell risqué jokes, or make sexually suggestive comments
around minors, even if minors themselves are doing so.
Don’t give personal gifts to, or do special favors for, a minor or do things that may be seen as
favoring one minor over others.
Don’t share information with minors about your private life or have informal or purely social
contact with minor program participants outside of program activities.
Don’t strike or hit a minor, or use corporal punishment or other punishment involving
physical pain or discomfort.
Don’t relate to minors as if they were peers, conduct private correspondence, or take on the
role of "confidant" (outside of a professional counseling relationship).
Don’t date or become romantically or sexually involved with a minor.
Don’t engage in intimate displays of affection with others in the presence of minors.
Don't show pornography to minors or involve minors in pornographic activities.
Don’t privately email, text, or engage with minors through social media. Group messages and
posts are acceptable and must be viewable by all participants.
Don’t provide alcohol or drugs to minors, or use them in the presence of minors.
Don't permit hazing, harassment, or any type of bullying behavior, including cyber-bullying.
a. Policy
A complaint lodged verbally by an employee will be treated as grievances.
However, grievance will be regarded as formed when the dissatisfaction is
given in writing. Such disputes which are of a reasonable magnitude arising
out of ill feeling by an employee or group of employees may be regarded as
grievance. The feeling of injustice may be related to wages, mode of its
payment, leave, transfer, positions, promotion, and treatment by
superiors, interpretation of code of conduct or even the food supplied in the
canteen.
The idea of framing the policy in Organization is to solve the problem and the
complaints of the staff. In this policy each and every staff has the right
to express his/her grievance and there is a procedure to be followed. The
policy has been formulated taking the following in to consideration:
b. Complaint Procedure
Employees who have a job-related issue, question, or complaint, he / she
should follow the following steps:
First Step
In second stage, the employee concerned will be permitted to present his/ her
grievance with the help of co-workers to the Director who in turn listens to the
grievance and tries to give a solution and constitutes a committee according
to the merit of the case or issue put before him.
It means a code of rules which regulates the behaviour and conduct of a practicing
lawyer towards himself, his client, his opposite party, his counsel and of course
towards the court. Ethics means principles of behaviour which are applied to an
ordinary citizen in the society shall be the standards of morals for a lawyer too.
Professional ethics consist of those fundamental values on which the profession has
been built. Legal ethics is one of the professional ethics which lays down certain
duties for the observance of its members, which he owes to the society, to the court, to
the profession, to his client and to himself.
The practicing lawyer shall have the social responsibility and dignity of the legal
profession and high standard of integrity and efficient service to his client as well as
for public welfare.
Professional ethics demands not to disclose any secrets of his client or indulge in any
unfair practice.
Module 4
Interconnectedness
Products and services previously available within one country are made available to
new markets outside the country due to globalization. In addition, countries with
positive relations between them are able to increasingly unify their economies through
increased investment and trade.
Maintaining Competitiveness
Globalization has had the effect of increased competition. Companies are broadening
their target area, expanding from local areas and home countries to the rest of the
world. Suddenly, some companies are fighting strong competition from outside their
home country. This forced them to source materials and outsource labor from other
countries. This story of ‘sourcing and outsourcing’ turned many companies into
global ones, actively seeking for production locations and partners for new ventures.
Globalization has facilitated this and made the transition to global markets easier.
More advanced systems are needed to facilitate global trade. Globalization pushed us
to create better systems to track international trade. ERP systems are one of the
solutions provided to support global trade.
However, we still find a gap between globalization and blockchain. Blockchain could
help companies become even more ‘global’. It helps companies to save time and
money, storing data tamper-proof and improving communication.
Companies could use smart contracts in which they can define their business rules.
These smart contracts can be used when trading with other companies, creating an
environment of trust. ModulTrade provides such a platform where companies can
trade safely using smart contracts acting as an escrow, including all business criteria.
Corporate governance is the system of rules, practices, and processes by which a firm
is directed and controlled. Corporate governance essentially involves balancing the
interests of a company's many stakeholders, such as shareholders, senior management
executives, customers, suppliers, financiers, the government, and the community.
Since corporate governance also provides the framework for attaining a company's
objectives, it encompasses practically every sphere of management, from action plans
and internal controls to performance measurement and corporate disclosure.
Most companies strive to have a high level of corporate governance. For many
shareholders, it is not enough for a company to merely be profitable; it also needs to
demonstrate good corporate citizenship through environmental awareness, ethical
behavior, and sound corporate governance practices. Good corporate governance
creates a transparent set of rules and controls in which shareholders, directors, and
officers have aligned incentives.
The board is tasked with making important decisions, such as corporate officer
appointments, executive compensation, and dividend policy. In some instances, board
obligations stretch beyond financial optimization, as when shareholder resolutions call
for certain social or environmental concerns to be prioritized.
A board of directors should consist of a diverse group of individuals, those that have
skills and knowledge of the business, as well as those who can bring a fresh
perspective from outside of the company and industry.
Boards are often made up of inside and independent members. Insiders are major
shareholders, founders, and executives. Independent directors do not share the ties of
the insiders, but they are chosen because of their experience managing or directing
other large companies. Independents are considered helpful for governance because
they dilute the concentration of power and help align shareholder interests with those
of the insiders.
The board of directors must ensure that the company's corporate governance policies
incorporate the corporate strategy, risk management, accountability, transparency, and
ethical business practices.
Environmental Ethics
The essays in this series illustrate the diversity of environmental ethics, both as a field
of study and as a broader, value-based perspective on a complex web of issues at the
junction of science and society. To gain a fuller understanding of the concepts and
arguments of environmental ethics, begin with this introductory overview. From here
you can explore a range of topics and questions that highlight the intersection of
environmental ethics, ecology, and conservation science.
Goal 1: No poverty
SDG 1 is to: "End poverty in all its forms everywhere".[15] Achieving SDG 1 would
end extreme poverty globally by 2030.
The goal has seven targets and 13 indicators to measure progress. The five "outcome
targets" are: eradication of extreme poverty; reduction of all poverty by half;
implementation of social protection systems; ensuring equal rights to ownership, basic
services, technology and economic resources; and the building of resilience to
environmental, economic and social disasters. The two targets related to "means of
achieving" SDG 1 are mobilization of resources to end poverty; and the establishment
of poverty eradication policy frameworks at all levels.[16][17]
A study published in September 2020 found that poverty increased by 7 per cent in
just a few months due to the COVID-19 pandemic, even though it had been steadily
decreasing for the last 20 years.[21]: 9
SDG 2 is to: "End hunger, achieve food security and improved nutrition, and promote
sustainable agriculture".[22]
SDG 3 is to: "Ensure healthy lives and promote well-being for all at all ages".[26]
Significant strides have been made in increasing life expectancy and reducing some of
the common causes of child and maternal mortality. Between 2000 and 2016, the
worldwide under-five mortality rate decreased by 47 percent (from 78 deaths per
1,000 live births to 41 deaths per 1,000 live births).[24] Still, the number of children
dying under age five is very high: 5.6 million in 2016.[24]
School children in Kakuma refugee camp, Kenya
SDG 4 is to: "Ensure inclusive and equitable quality education and promote lifelong
learning opportunities for all".[28]
Major progress has been made in access to education, specifically at the primary
school level, for both boys and girls. The number of out-of-school children has almost
halved from 112 million in 1997 to 60 million in 2014.[29] In terms of the progress
made, global participation in tertiary education reached 224 million in 2018,
equivalent to a gross enrollment ratio of 38%.[30]
SDG 5 is to: "Achieve gender equality and empower all women and girls".[31]
Example of sanitation for all: School toilet (IPH school and college,
Mohakhali, Dhaka, Bangladesh)
SDG 6 is to: "Ensure availability and sustainable management of water and sanitation
for all".[34] The eight targets are measured by 11 indicators.
The Joint Monitoring Programme (JMP) of World Health Organisation WHO And
United Nations International Children's Emergency fund UNICEF reported in 2017
that 4.5 billion people currently do not have safely managed sanitation.[36] Also in
2017, only 71 per cent of the global population used safely managed drinking water,
and 2.2 billion persons were still without safely managed drinking water. With
regards to water stress: "In 2017, Central and Southern Asia and Northern Africa
registered very high water stress – defined as the ratio of fresh water withdrawn to
total renewable freshwater resources – of more than 70 per cent".[6] Official
development assistance (ODA) disbursements to the water sector increased to $9
billion in 2018.[6]
SDG 8 is to: "Promote sustained, inclusive and sustainable economic growth, full and
productive employment and decent work for all".[41]
Over the past five years, economic growth in least developed countries has been
increasing at an average rate of 4.3 per cent.[42] In 2018, the global growth rate of
real GDP per capita was 2 per cent. In addition, the rate for least developed countries
was 4.5 per cent in 2018 and 4.8 per cent in 2019, less than the 7 per cent growth rate
targeted in SDG 8.[43] In 2019, 22 per cent of the world's young people were not in
employment, education or training, a figure that has hardly changed since 2005.[42]
Addressing youth employment means finding solutions with and for young people
who are seeking a decent and productive job. Such solutions should address both
supply, i.e. education, skills development and training, and demand.[44] In 2018, the
number of women engaged in the labor force was put at 48 per cent while that of men
was 75 per cent.[41]
In 2019, 14% of the world's workers were employed in manufacturing activities. This
percentage has not changed much since 2000. The share of manufacturing
employment was the largest in Eastern and South-Eastern Asia (18 percent) and the
smallest in sub-Saharan Africa (6 percent).[6] The intensity of global carbon dioxide
emissions has declined by nearly one quarter since 2000, showing a general
decoupling of carbon dioxide emissions from GDP growth.[6] As at 2020, nearly the
entire world population lives in an area covered by a mobile network.[6] Millions of
people are still unable to access the internet due to cost, coverage, and other reasons.
[46] It is estimated that just 53% of the world's population are currently internet users.
[47]
In 73 countries during the period 2012–2017, the bottom 40 per cent of the population
saw its incomes grow. Still, in all countries with data, the bottom 40 per cent of the
population received less than 25 per cent of the overall income or consumption.[6]: 12
Women are more likely to be victims of discrimination than men. Among those with
disabilities, 3 in 10 personally experienced discrimination, with higher levels still
among women with disabilities. The main grounds of discrimination mentioned by
these women was not the disability itself, but religion, ethnicity and sex, pointing to
the urgent need for measures to tackle multiple and intersecting forms of
discrimination.[50] In 2019, 54 per cent of countries have a comprehensive set of
policy measures to facilitate orderly, safe, regular and responsible migration and
mobility of people.[50]
SDG 11 is to: "Make cities and human settlements inclusive, safe, resilient, and
sustainable".[51]
11.1 – "Adequate, safe, and affordable housing and basic services and upgrade slums"
11.2 – "Safe, affordable, accessible, and sustainable transport systems"
11.3 – "Enhance inclusive and sustainable urbanization and capacity for participatory,
integrated and sustainable human settlement planning and management in all countries"
11.4 – "Strengthen efforts to protect and safeguard the world’s cultural and natural heritage"
11.5 – "Reduce the number of deaths and the number of people affected by disasters and
decrease the direct economic losses relative to global gross domestic product caused by
disasters"
11.6 – "Reduce the adverse per capita environmental impact of cities, including by paying
special attention to air quality and municipal and other waste management"
11.7 – "Provide universal access to safe, inclusive and accessible, green and public spaces"
11.a – "Support positive economic, social and environmental links between urban, peri-urban
and rural areas by strengthening national and regional development planning"
11.b – "Increase the number of cities and human settlements adopting and implementing
integrated policies and plans towards inclusion, resource efficiency, mitigation and
adaptation to climate change, resilience to disasters, and develop and implement, in line
with the Sendai Framework for Disaster Risk Reduction 2015–2030, holistic disaster risk
managements at all levels"
11.c – "Support least developed countries, including through financial and technical
assistance, in building sustainable and resilient buildings utilizing local materials"
The number of slum dwellers reached more than 1 billion in 2018, or 24 per cent of
the urban population.[6] The number of people living in urban slums is highest in
Eastern and South-Eastern Asia, sub-Saharan Africa and Central and Southern Asia.
In 2019, only half of the world's urban population had convenient access to public
transport, defined as living within 500 metres' walking distance from a low-capacity
transport system (such as a bus stop) and within 1 km of a high-capacity transport
system (such as a railway).[6] In the period 1990–2015, most urban areas recorded a
general increase in the extent of built-up area per person..[6]
By 2019, 79 countries and the European Union have reported on at least one national
policy instrument to promote sustainable consumption and production patterns.[6]: 14
This was done to work towards the implementation of the "10-Year Framework
of Programmes on Sustainable Consumption and Production Patterns".[6]: 14 Global
fossil fuel subsidies in 2018 were $400 billion.[6]: 14 This was double the estimated
subsidies for renewables and is detrimental to the task of reducing global carbon
dioxide emissions.[6]: 14
To ensure that plastic products are more sustainable, thus reducing plastic waste,
changes such as decreasing usage and increasing the circularity of the plastic
economy are expected to be required. An increase in domestic recycling and a
reduced reliance on the global plastic waste trade are other actions that might help
meet the goal.[56]
SDG 13 is to: "Take urgent action to combat climate change and its impacts by
regulating emissions and promoting developments in renewable energy".[57]
There are 5 targets in total, all of which cover a wide range of issues surrounding
climate action. The first three targets are "output targets": Strengthen resilience and
adaptive capacity to climate-related disasters; integrate climate change measures into
policies and planning; build knowledge and capacity to meet climate change. The
remaining two targets are "means of achieving" targets: To implement the UN
Framework Convention on Climate Change; and to promote mechanisms to raise
capacity for planning and management.[58] The United Nations Framework
Convention on Climate Change (UNFCCC) is the primary international,
intergovernmental forum for negotiating the global response to climate change.
The decade between 2010 - 2019 was the warmest decade recorded in
history. Currently climate change is affecting the global community
in every nation across the world. The impact of climate change not
only impacts national economies, but also lives and livelihoods,
especially those in vulnerable conditions.[59] By 2018, climate
change continued exacerbating the frequency of natural disasters,
such as massive wildfires, droughts, hurricanes and floods.[60] Over
the period 2000–2018, the greenhouse emissions of developed
countries in transitions have declined by 6.5%. However, the
emissions of the developing countries are up by 43% in the period
between 2000 and 2013.[61] In 2019, at least 120 of 153 developing
countries had undertaken activities to formulate and implement
national adaptation plans.
SDG 14 is to: "Conserve and sustainably use the oceans, seas and marine resources
for sustainable development".[62]
The first seven targets are "outcome targets": Reduce marine pollution; protect and
restore ecosystems; reduce ocean acidification; sustainable fishing; conserve coastal
and marine areas; end subsidies contributing to overfishing; increase the economic
benefits from sustainable use of marine resources. The last three targets are "means of
achieving" targets: To increase scientific knowledge, research and technology for
ocean health; support small scale fishers; implement and enforce international sea
law.[63]
One indicator (14.1.1b) under Goal 14 specifically relates to reducing impacts from
marine plastic pollution.[56]
SDG 15 is to: "Protect, restore and promote sustainable use of terrestrial ecosystems,
sustainably manage forests, combat desertification, and halt and reverse land
degradation and halt biodiversity loss".[68]
The nine "outcome targets" include: Conserve and restore terrestrial and freshwater
ecosystems; end deforestation and restore degraded forests; end desertification and
restore degraded land; ensure conservation of mountain ecosystems, protect
biodiversity and natural habitats; protect access to genetic resources and fair sharing
of the benefits; eliminate poaching and trafficking of protected species; prevent
invasive alien species on land and in water ecosystems; and integrate ecosystem and
biodiversity in governmental planning. The three "means of achieving targets"
include: Increase financial resources to conserve and sustainably use ecosystem and
biodiversity; finance and incentivize sustainable forest management; combat global
poaching and trafficking.
Humans depend on earth and the ocean to live. This goal aims at
securing sustainable livelihoods that will be enjoyed for generations
to come. The human diet is composed 80% of plant life, which makes
agriculture a very important economic resource.[69] Plant life
provides 80 percent of the human diet, and we rely on agriculture as
an important economic resources. Forests cover 30 percent of the
Earth's surface, provide vital habitats for millions of species, and
important sources for clean air and water, as well as being crucial
for combating climate change.
The proportion of forest area fell, from 31.9 per cent of total land area in 2000 to 31.2
per cent in 2020, representing a net loss of nearly 100 million ha of the world's
forests.[6] This was due to decreasing forest area decreased in Latin America, sub-
Saharan Africa and South-Eastern Asia, driven by deforestation for agriculture.[70]
Desertification affects as much as one-sixth of the world's population, 70% of all
drylands, and one-quarter of the total land area of the world. It also leads to spreading
poverty and the degradation of billion hectares of cropland.[71] A report in 2020
stated that globally, the species extinction risk has worsened by about 10 per cent over
the past three decades.[6]
SDG 16 is to: "Promote peaceful and inclusive societies for sustainable development,
provide access to justice for all and build effective, accountable and inclusive
institutions at all levels".[72]
The goal has ten "outcome targets": Reduce violence; protect children from abuse,
exploitation, trafficking and violence; promote the rule of law and ensure equal access
to justice; combat organized crime and illicit financial and arms flows, substantially
reduce corruption and bribery; develop effective, accountable and transparent
institutions; ensure responsive, inclusive and representative decision-making;
strengthen the participation in global governance; provide universal legal identity;
ensure public access to information and protect fundamental freedoms. There are also
two "means of achieving targets": Strengthen national institutions to prevent violence
and combat crime and terrorism; promote and enforce non-discriminatory laws and
policies.[73]
SDG 17 is to: "Strengthen the means of implementation and revitalize the global
partnership for sustainable development".[76] This goal has 19 outcome targets and
24 indicators. Increasing international cooperation is seen as vital to achieving each of
the 16 previous goals.[77] Goal 17 is included to assure that countries and
organizations cooperate instead of compete. Developing multi-stakeholder
partnerships to share knowledge, expertise, technology, and financial support is seen
as critical to overall success of the SDGs. The goal encompasses improving north–
south and South-South cooperation, and public-private partnerships which involve
civil societies are specifically mentioned.[78]
With US$5 trillion to $7 trillion in annual investment required to achieve the SDGs,
total official development assistance reached US$147.2 billion in 2017. This,
although steady, is below the set target.[79] In 2016, six countries met the
international target to keep official development assistance at or above 0.7 percent of
gross national income.[79] Humanitarian crises brought on by conflict or natural
disasters have continued to demand more financial resources and aid. Even so, many
countries also require official development assistance to encourage growth and trade.
[79]
Corporate Wars
Ethics is the reflection on and study of desirable behaviours. Those are then
instrumentalized into moral behaviours, build on norms, as practical guidelines. So
you could say that ethics is the preparation for the practical application in moral
behaviour.
Moral behaviour can be outdated or have other needs for adjustment. These days the
most important reason for adjusting moral behaviour is that in todays multicultural
societies there are no obvious consensuses on the content of ethics, let alone its
application into moral behaviour. So we have to think on a regular basis about which
behaviours would be more desirable in the new situations in which we have to make
sense.
Outdated morality norms can be seen around tabus, which are norms themselves. All
cultures have traditions with tabus and typically they serve as warnings against
danger. Many tabus have to do with sexuality and with food; traditionally contexts
that come with risk. But as technology improves and the level of education rises, the
situation that in the past needed a tabu in order to protect against danger, can these
days be managed, so it does not need to have a tabu as a norm.
Module 5 -
Principles of Transparency
1. Peer review process: Journal content must be clearly marked as whether peer reviewed or
not. Peer review is defined as obtaining advice on individual manuscripts from reviewers
expert in the field who are not part of the journal’s editorial staff. This process, as well as any
policies related to the journal’s peer review procedures, shall be clearly described on the
journal’s Web site.
2. Governing body: Journals shall have editorial boards or other governing bodies whose
members are recognized experts in the subject areas included within the journal’s scope. The
full names and affiliations of the journal’s editors shall be provided on the journal’s Web site.
3. Editorial team/contact information: Journals shall provide the full names and affiliations of
the journal’s editors on the journal’s Web site as well as contact information for the editorial
office.
4. Author fees: Any fees or charges that are required for manuscript processing and/or
publishing materials in the journal shall be clearly stated in a place that is easy for potential
authors to find prior to submitting their manuscripts for review or explained to authors
before they begin preparing their manuscript for submission.
5. Copyright: Copyright and licensing information shall be clearly described on the journal’s
Web site, and licensing terms shall be indicated on all published articles, both HTML and
PDFs.
6. Process for identification of and dealing with allegations of research misconduct: Publishers
and editors shall take reasonable steps to identify and prevent the publication of papers
where research misconduct has occurred, including plagiarism, citation manipulation, and
data falsification/fabrication, among others. In no case shall a journal or its editors
encourage such misconduct, or knowingly allow such misconduct to take place. In the event
that a journal’s publisher or editors are made aware of any allegation of research misconduct
relating to a published article in their journal—the publisher or editor shall follow COPE’s
guidelines (or equivalent) in dealing with allegations.
7. Ownership and management: Information about the ownership and/or management of a
journal shall be clearly indicated on the journal’s Web site. Publishers shall not use
organizational or journal names that would mislead potential authors and editors about the
nature of the journal’s owner.
8. Web site: A journal’s Web site, including the text that it contains, shall demonstrate that care
has been taken to ensure high ethical and professional standards. It must not contain
misleading information, including any attempt to mimic another journal/publisher’s site.
9. Name of journal: The journal name shall be unique and not be one that is easily confused
with another journal or that might mislead potential authors and readers about the Journal’s
origin or association with other journals.
10. Conflicts of interest: A journal shall have clear policies on handling potential conflicts of
interest of editors, authors, and reviewers and the policies should be clearly stated.
11. Access: The way(s) in which the journal and individual articles are available to readers and
whether there are associated subscription or pay per view fees shall be stated.
12. Revenue sources: Business models or revenue sources (eg, author fees, subscriptions,
advertising, reprints, institutional support, and organizational support) shall be clearly stated
or otherwise evident on the journal’s Web site.
13. Advertising: Journals shall state their advertising policy if relevant, including what types of
ads will be considered, who makes decisions regarding accepting ads and whether they are
linked to content or reader behavior (online only) or are displayed at random.
14. Publishing schedule: The periodicity at which a journal publishes shall be clearly indicated.
15. Archiving: A journal’s plan for electronic backup and preservation of access to the journal
content (for example, access to main articles via CLOCKSS or PubMed Central) in the event a
journal is no longer published shall be clearly indicated.
16. Direct marketing: Any direct marketing activities, including solicitation of manuscripts that
are conducted on behalf of the journal, shall be appropriate, well targeted, and unobtrusive.
Some research behaviors are so at odds with the core principles of science that they
are treated very harshly by the scientific community and by institutions that oversee
research. Anyone who engages in these behaviors is putting his or her scientific career
at risk and is threatening the overall reputation of science and the health and welfare
of the intended beneficiaries of research.
A Breach of Trust
Beginning in 1998, a series of remarkable papers attracted great attention within the
condensed matter physics community. The papers, based largely on work done at Bell
Laboratories, described methods that could create carbon-based materials with long-
sought properties, including superconductivity and molecular-level switching.
However, when other materials scientists sought to reproduce or extend the results,
they were unsuccessful.
In 2001, several physicists inside and outside Bell Laboratories began to notice
anomalies in some of the papers. Several contained figures that were very similar,
even though they described different experimental systems. Some graphs seemed too
smooth to describe real-life systems. Suspicion quickly fell on a young researcher
named Jan Hendrik Schön, who had helped create the materials, had made the
physical measurements on them, and was a coauthor on all the papers.
The committee did not accept Schön’s explanations and eventually concluded that he
had engaged in fabrication in at least 16 of the 25 papers. Schön was fired from Bell
Laboratories and later left the United States. In a letter to the committee, he wrote that
“I admit I made various mistakes in my scientific work, which I deeply regret.” Yet
he maintained that he “observed experimentally the various physical effects reported
in these publications.”
The committee concluded that Schön acted alone and that his 20 coauthors on the
papers were not guilty of scientific misconduct. However, the committee also raised
the issue of the responsibility coauthors have to oversee the work of their colleagues,
while acknowledging that no consensus yet exists on the extent of this responsibility.
The senior author on several of the papers, all of which were later retracted, wrote that
he should have asked Schön for more detailed data and checked his work more
carefully, but that he trusted Schön to do his work honestly. In response to the
incident, Bell Laboratories instituted new policies for data retention and internal
review of results before publication. It also developed a new research ethics statement
for its employees.
Vijay, who has just finished his first year of graduate school, is applying to the
National Science Foundation for a predoctoral fellowship. His work in a lab where he
did a rotation project was later carried on successfully by others, and it appears that a
manuscript will be prepared for publication by the end of the summer. However, the
fellowship application deadline is June 1, and Vijay decides it would be advantageous
to list a publication as “submitted” rather than “in progress.” Without consulting the
faculty member or other colleagues involved, Vijay makes up a title and author list for
a “submitted” paper and cites it in his application.
After the application has been mailed, a lab member sees it and goes to the faculty
member to ask about the “submitted” manuscript. Vijay admits to fabricating the
submission of the paper but explains his actions by saying that he thought the practice
was not uncommon in science. The faculty members in Vijay’s department demand
that he withdraw his grant proposal and dismiss him from the graduate program.
Although the prevalence of blatant duplicate publications varies across disciplines, its
overall prevalence is relatively low (see Larivière & Gingras, 2010) and their impact
on the integrity of science is likely minor, particularly in instances when the published
papers are truly identical (i.e., same title, abstract, author list). However, other forms
of duplication exist and these are often classified with terms such as redundant
publication or overlapping publication (see p 148 of Iverson, et al., 2007 for
additional descriptive terms). As indicated earlier, these types of self-plagiarism are
more prevalent and likely more detrimental to science because they involve the
dissemination of earlier published data that are presented as new data, thereby
skewing the scientific record. Bruton (2014) and others (e.g., von Elm, Poglia, Walder
& Tramer, 2004) have discussed various other types of duplication. Below are some
of the most common forms.
Data Disaggregation. As the label suggests, data disaggregation occurs when data
from a previously published study are published again minus some data points and
with no indication or, at best, ambiguous indication as to their relationship to the
originally published paper. The new study may consist of the original data set minus a
few data points now considered outliers, or perhaps data points at both ends of their
range that happen to lie outside a newly established criterion for inclusion in the new
analyses, or perhaps some other procedure that results in the exclusion of some of the
data points appearing in the original study. As with data augmentation, the new
publication with the disaggregated data will contain different numerical outcomes
(i.e., means and standard deviations), figures, and graphs, however, the underlying
data are largely the same as the previously published data, but are presented in a way
that misleads the reader into interpreting the ‘new’ data as having been independently
collected.
Data segmentation. Also known as Salami Publication or Least Publishable Unit,
data segmentation is a practice that is often subsumed under the heading of self-
plagiarism, but which, technically is not necessarily a form of duplication or of
redundancy as Bruton, 2014 has correctly pointed out. It is usually mentioned in the
context of self-plagiarism because the practice often does include a substantial
amount of text overlap and possibly some data as well, with earlier publications by
the same author/s. Consider the examples provided by Kassirer and Angell (1995),
former editors of The New England Journal of Medicine:
In some cases, the segmenting of a large study into two or more publications may, in
fact, be the most meaningful approach to reporting the results of that research.
Longitudinal studies are an example of this type of situation. However, dividing a
study into smaller segments must always be done with full transparency, showing
exactly how the data being reported in the later publication are related to the earlier
publication. An often stated rationale used by some authors for not disclosing the
relationship between related publications or for other forms of covert overlap between
publications is that both reports are prepared and submitted simultaneously to
different journals (see, for example, Katsnelson, 2015). However, this should not be
considered an acceptable excuse for not disclosing any overlap between studies,
especially to the editors of the journals. Authors should describe how the study data
being described are related to a larger project. They can always provide a footnote,
author note or some other indication that manuscripts describing the other portions of
the data set are in preparation or under consideration, etc., which ever the case may
be. The important point is that readers need to be made aware that the data being
reported were collected in the context of a larger study. As with other forms of
redundancy and actual duplication, salami slicing can lead to a distortion of the
literature by leading unsuspecting readers to believe that data presented in each salami
slice (i.e., journal article) are independently derived from a different data collection
effort or subject sample.
The major problems with respect to publication ethics were plagiarism and multiple
submissions in the three journals. When the authors were challenged, many of them
did not reply, and wrote back saying that they would like to withdraw the manuscript,
claimed ignorance or blamed their lack of English language skills. Many authors had
copied the text from published articles with citations and pasted them under the
discussion section. To avoid delay in getting the manuscripts published, authors
indulged in multiple submissions. ‘Multiple submissions’ is almost impossible to
detect while the manuscript is being processed. When the manuscript is accepted in
one journal, the authors withdraw the same manuscript from other journals stating that
the manuscript processing cycle is too long for them to wait. When an author submits
a manuscript to a scholarly journal, he/she declares that manuscript is currently not
under consideration for publication elsewhere, but many do not hesitate to violate the
declaration.
Submitting the same manuscript as a new submission to the same journal could be due
to lack of knowledge or experience in operating the online submission system. This
could be a manual error and can be rectified by the editor or one of the editorial staff
during preliminary screening of the manuscript.
When the authors failed to submit evidence of ethics committee permission on a few
occasions, it was difficult to decide whether any violation of research ethics was
involved. Authors should have in their possession, all the necessary source documents
in original including the ethics committee permission letter (if applicable), data output
sheets from the instruments, important communications and copies of the cited papers
in the manuscript at least for a few years. The JPP editors have in the past asked a few
authors to submit copies of the cited papers in their manuscript and the ethics
committee permission letter.
The scientific publication process is by and large built on trust. The mechanisms
currently put in place to detect the unethical practices cannot be foolproof. A cunning
and more determined author can break the regulations and get away with it. More
often than not the unethical publication practices come to light by chance rather than
design to detect them. That calls for self-regulation on the part of the authors and
journals should exhort them to follow the code of conduct. However, that does not
mean the journals should stop screening for the violation of code of publication.
Authors have equal, if not more responsibility in maintaining the ethical standard of
the existing publication process. Realization of this fact and playing their role with all
sincerity and honesty will definitely bring down the instances of unethical publication
practices. Authors should be made to realize “authorship implies not just credit but
responsibility too”.
Use of plagiarism software like Turnitin, Urkund and other open source
software tools
Complaints and appeals examples and fraud from India and abroad
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