MODULE IV

RESPONSIBILITIES AND RIGHTS

COLLEGIALITY AND LOYALTY

Vijitha Robinson, Dept. of CSE 2

❖ Collegiality:

▪ Tendency to support and cooperate with colleagues

▪ Virtue essential for the team work to be effective

▪ Various aspects:

1. Respect to the ideas and work of others

2. Commitment to moral principles

3. Connectedness

Vijitha Robinson, Dept. of CSE 3

❖ Loyalty

▪ Exhibited in two senses:

1. Agency Loyalty

2. Attitude Loyalty

Vijitha Robinson, Dept. of CSE 4

MANAGING CONFLICT

Vijitha Robinson, Dept. of CSE 5

❖ Conflict management is a skill that consists of dealing with confrontations
diplomatically and constructively

❖ Aim is to achieve a positive result from the disagreements which respects

everyone’s wants and needs and improves relationships

❖ By managing conflicts, we can:

• Gain cooperation from team members
• Improve performance and productivity
• Reduce stress and preserve integrity
• Solve problems as quickly as possible
• Improve relationships and teamwork
• Enhance creativity
• Increase staff morale

Vijitha Robinson, Dept. of CSE 6

❖ Two ways of handling conflicts:

1. Preventive measures

✓ Conduct a conflict risk assessment

✓ Modify the workplace
✓ Encourage openness
✓ Define job roles
✓ Change job roles
✓ Train staff
✓ Set expectations for behaviour

2. Conflict Resolution

✓ Informal discussion
✓ Mediation
✓ Conciliation
✓ Arbitration

Vijitha Robinson, Dept. of CSE 7

RESPECT FOR AUTHORITY

Vijitha Robinson, Dept. of CSE 8

❖ Decisions can be taken by a few people, but putting into action
requires larger participation from different groups of people,
such as operation, purchase, sales, accounts, maintenance,
finance etc.

❖ In effectively- and efficiently-transferring decisions to actions,

the authority comes into play a great role.

Vijitha Robinson, Dept. of CSE 9

1. Institutional Authority

It is the authority exercised within the organization.

It is the right given to the employees to exercise power, to complete

the task and force them to achieve their goals.

2. Expert Authority
Expert Authority is
(a) the possession of special knowledge, skills and
competence to perform a job thoroughly (expertise),
(b) the advice on jobs, and
(c) is a staff function.

It is also known as ‘authority of leadership’

Vijitha Robinson, Dept. of CSE 10

▪ Respect for Authority – Universal instinctive trait in human psychology

▪ In order to meet the organizational goals, the professionals should

possess respect for authority

▪ Benefits:

o Collective Security

o Individual Safety

o Avoiding Negative Consequences

o Maintaining order

Vijitha Robinson, Dept. of CSE 11

COLLECTIVE BARGAINING

Vijitha Robinson, Dept. of CSE 12

➢ It is the bargain by the trade union for improving the economic interests
of the worker members.

➢ The process includes negotiation, threatening verbally, and declaration of

‘strike’.

➢ It is impossible to endorse fully the collective bargaining of unions or to

condemn

➢ Conflicts with professionalism and unionism

• Faithful Agent or Trustee

• Service to the Public

Vijitha Robinson, Dept. of CSE 13

Vijitha Robinson, Dept. of CSE 14
CONFIDENTIALITY

Vijitha Robinson, Dept. of CSE 15

❖ Confidentiality means keeping the information on the employer and clients,
as secrets.

❖ It is one of the important aspects of team work.

❖ Can be justified by various ethical theories:

• Rights-based theory → rights of the stakeholders, right to the
intellectual property of the company are protected by this practice

• Duty theory → employees and employers have duty to keep up

mutual trust

• The Utilitarian theory holds good, only when confidentiality

produce most good to most people

• Act utilitarian theory focuses on each situation, when the employer

decides on some matters as confidential.
Vijitha Robinson, Dept. of CSE 16
❖ Following moral principles also justifies:
• Respect for Autonomy
• Respect for Promises
• Trustworthiness
• Respect for Public welfare

❖ TYPES OF CONFIDENTIAL INFORMATION

On the basis of acquisition/possession:

1. Privileged information

2. Proprietary information

Vijitha Robinson, Dept. of CSE 17

ROLE OF CONFIDENTIALITY IN
MORAL INTEGRITY

Vijitha Robinson, Dept. of CSE 18

❖ Prime example of integrity in the workplace

❖ Also critical from a legal perspective

❖ Employees have an obligation to keep certain information private

❖ Instills trust and encourages sincere consideration of the privacy of

others

Vijitha Robinson, Dept. of CSE 19

CONFLICT OF INTERESTS

Vijitha Robinson, Dept. of CSE 20

▪ Occurs when the employee has more than one interest

▪ A professional conflict of interest is the situation where the

professional has an interest that, if pursued, might prevent him/her

from meeting his/her obligations to employers or clients

▪ Not conflicting interests

Vijitha Robinson, Dept. of CSE 21

▪ Types:

1. Actual Conflict of Interest

2. Apparent Conflict of Interest

3. Potential Conflict of Interest

i. Favourable Contact

ii. Bribe and Gift

iii. Moonlighting

iv. Insider Infromation

Vijitha Robinson, Dept. of CSE 22

OCCUPATIONAL CRIME

Vijitha Robinson, Dept. of CSE 23

• May be committed by

(1) wrong actions of a person through one’s lawful employment

or

(2) crime by an employee to promote ones own or employer’s

interest or

(3) theft or

(4) Damage to the property or an employee of one’s organization

• White- collared crimes

Vijitha Robinson, Dept. of CSE 24

• Some examples are:

1. Price Fixing

2. Industrial Espionage

3. Bootleggging

4. Endangering Lives (Occupational Hazards)

Vijitha Robinson, Dept. of CSE 25

PROFESSIONAL RIGHTS

Vijitha Robinson, Dept. of CSE 26

❖ Rights of a professional- Engineer

1. Right of Professional conscience

The right to exercise professional judgement in discharging

one’s duties and to exercise this judgement in an ethical
manner

2. Right of Conscientious refusal

Right to refuse to engage in unethical behaviour

3. Right of Professional recognition

The right to be recognized for one’s work and accomplishments

Vijitha Robinson, Dept. of CSE 27

4. Right to warn public about dangers

5. Right to talk publicly about the job

6. Right to engage in the activities of professional societies

Vijitha Robinson, Dept. of CSE 28

EMPLOYEE RIGHTS

Vijitha Robinson, Dept. of CSE 29

❑ Moral and Legal Rights that are obtained by the status of being an
employee

1. Professional rights

2. Basic Human Rights

i. Right to pursue legitimate personal interest
ii. Right to make a living
iii. Right to privacy
iv. Right to property
v. Right of non-discrimination
vi. No sexual harassment

Vijitha Robinson, Dept. of CSE 30

3. Institutional rights or contractual employee rights

Rights to the institution due to the organizational policies or

contracts

i. Right to receive specified salary

ii. Right to receive annual increments

iii. Profit sharing rights etc.

Vijitha Robinson, Dept. of CSE 31

3. Non-contractual employee rights

i. Right to privacy

ii. Right to choose outside activities

iii. Right to due process from employer

iv. Right to equal oppurtunity – Non-discrmination

v. Right to equal oppurtunity- Sexual Harassment in the

workplace

vi. Right to equal oppurtunity – Affirmative action or

Preferential Treatment

Vijitha Robinson, Dept. of CSE 32

INTELLECTUAL PROPERTY
RIGHTS
Intellectual property rights (IPR) are legal rights aimed at protecting the

creations of the intellect, such as inventions, the appearance of products,

literary, artistic and scientific works and signs, among others.

Vijitha Robinson, Dept. of CSE 34

¤ Copyright

¤ Patents

¤ Geographical Indications

¤ Industrial Designs

¤ Plant Variety protection

¤ Layout design for ICs

¤ Trademarks

¤ Trade Secrets
Vijitha Robinson
COPYRIGHTS

Vijitha Robinson
Vijitha Robinson
❖ Protects the expression of ideas

❖ Is a form of intellectual property law, protecting

original works
o including literary, dramatic, musical, and artistic works
(e.g., poetry, novels, movies, songs, computer software &
architecture)
o In essence, protects “creative contributions”

❖ Does not protect facts, ideas, systems, methods

of operation although it may protect the ways
these things are expressed

Vijitha Robinson
Copyright protection covers:

▪ Reproduction [e.g. copying, quoting]

▪ Distribution [e.g. posting to Web pages]

▪ Adaptation [using with modifications]

▪ Display

▪ Performance

Vijitha Robinson
❖ 1978: U.S. copyright law
✓ Updated in 1998: Digital Millennium Copyright Act
(DMCA)

✓ U.S. copyright expires 70 years beyond the death of

last surviving holder

❖ On May 22, 2001 the European Union passed the EU

Copyright Directive or EUCD

Vijitha Robinson
 INDIAN COPYRIGHT ACT, 1957

▪ Amended in 1983, 1984, 1992, 1994, 1999 and 2012

▪ Author of a work shall be the first owner of the

copyright

▪ Term:
lifetime of the author + 60 years from the beginning
of calendar year next following the year in which
the author dies
Vijitha Robinson
▪ In case of joint ownership,

60 years from the beginning of calendar year next

following the year in which the last surviving author
dies

▪ In anonymous and pseudonymous works

Until 60 years from the beginning of the calendar year

next following the year in which the work is first
published

Vijitha Robinson
 COPYLEFT

The practice of offering people the right to freely distribute copies and

modified versions of a work with the stipulation that the same rights be

preserved in derivative works down the line

Under copyleft, an author may give every person who receives a copy of the

work permission to reproduce, adapt, or distribute it, with the accompanying

requirement that any resulting copies or adaptations are also bound by the

same licensing agreement

Vijitha Robinson, Dept. of CSE 43

PATENTS

Vijitha Robinson
A patent is an exclusive right granted for
an invention, which is a product or a
process that provides a new way of doing
something, or offers a new technical
solution to a problem.

Vijitha Robinson
• A patent provides protection for the invention to
the owner of the patent

• An applicant requests protection for the invention in

one or more countries, and each country decides as to
whether to offer patent protection within its borders.

Vijitha Robinson
Vijitha Robinson
 The Patents Act, 1970

• Came into force in 1972

• Indian Patents and Designs Act, 1911

• Again amended by the Patents (Amendment)

Act, 2005

• Term of every patent in India is twenty years

from the date of filing the patent application

Vijitha Robinson
• Suing for patent infringement may cause the
patent owner to loose the patent

• Infringer may argue that:

– This isn’t infringement (different inventions)

– The patent is invalid (a prior infringement was not opposed)

– The invention is not novel

– The infringer invented the object first

Vijitha Robinson
 COPYRIGHT PATENT

Expression of idea, not Invention—way

PROTECTS
idea itself something works
PROTECTED
Yes; intention is to Design filed at
OBJECT MADE
promote publication Patent Office
PUBLIC
MUST
Yes No
DISTRIBUTE
Very complicated;
EASE OF FILING Very easy, do-it-yourself specialist lawyer
suggested

DURATION Author’s life + 60 yrs 20 years

LEGAL Sue if unauthorized copy Sue if invention

PROTECTION sold copied/ reinvented

Vijitha Robinson
GEOGRAPHICAL
INDICATIONS

Vijitha Robinson
❑ Identifies agricultural or natural or
manufactured goods as originating or
manufactured in the territory of a country or
region or locality in that territory

❑ The Geographical Indications of Goods

(Registration & Protection) Act, 1999

Vijitha Robinson
Vijitha Robinson
Vijitha Robinson
INDUSTRIAL DESIGNS

Vijitha Robinson
* Industrial designs refer to creative activity which
result in the ornamental or formal appearance of a
product

* Patents and Design Act, 1911

Amended in 1953

* Design Act, 2000

Vijitha Robinson
PLANT VARIETY
PROTECTION

Vijitha Robinson
~ Protection granted for plant varieties, the rights of
farmers and plant breeders and to encourage the
development of new varieties of plants

~ The Protection of Plant Varieties and Farmers’ Rights

(PPV&FR) Act, 2001

Vijitha Robinson
Vijitha Robinson
 LAYOUT DESIGN FOR
INTEGRATED CIRCUITS

Vijitha Robinson
✓ Provides protection of Intellectual Property
Right (IPR) in the area of Semiconductor
Integrated Circuit Layout Designs

✓Layout Designs Act 1994

✓ Semiconductor Integrated Circuits Layout-

Design Act, 2000

Vijitha Robinson
TRADEMARKS

Vijitha Robinson
^ Protects trademark owner’s interest in brand name value
and good will

^ Protects consumers from confusion

^ Trademark can be
• Words :
“Coca Cola”
• Phrases :
“Just do it”
• Symbols :
Nike logo
• Sounds :
sound of “Intel inside”

Vijitha Robinson
Vijitha Robinson
^ Trade Marks Registry was established in India
in 1940 and presently it administers the Trade
Marks Act, 1999 (amended in 2010)

to register trade marks applied for in the country and

to provide for better protection of trade mark for
goods and services and also to prevent fraudulent use
of the mark

^ Fair Trading Act 1986

Vijitha Robinson
^ “Likelihood of confusion” standard

^ Court looks at factors like

• similarity of goods

• sophistication of consumers

• length of time that mark has been used

• wrongful intent

Vijitha Robinson
TRADE SECRET

Vijitha Robinson
o Information that gives one company a
competitive edge over the others

o Trade secret protection can apply to software

o Must always be kept secret

o All patents begin life as trade secrets

Vijitha Robinson
o If someone obtains it improperly, the owner can
recover
• Profits

• Damages

• Lost revenues

• Legal cost

Vijitha Robinson
o Trade Secrets seems to be a neglected field in India, as
there is no enactment or policy framework for the
protection of trade secrets.

Vijitha Robinson
 FAIR USE

The purchaser has the right to use the

product in the manner for which it was
intended and in a way that does not
interfere with the author’s right.

Vijitha Robinson
IPR DISCRIMINATION

Vijitha Robinson, Dept. of CSE 72

Particular rules have been developed to deal with the issue of non-

discrimination, known as the principle of “national treatment”

Vijitha Robinson, Dept. of CSE 73

Vijitha Robinson, Dept. of CSE 74