Ethical and Legal Issues of Design ELEC 421

Transcription

1 Ethical and Legal Issues of Design ELEC 421

2 What is a Profession? Profession A calling requiring special knowledge and often long and intense academic preparation. (source: Webster s Collegiate Dictionary) Special body of knowledge Training Other distinguishing characteristics Professional Societies Ethics

3 Are Engineers Professionals? Knowledge Training Ethics Licensing!

4 Morals, Values and Ethics Morals derive from principles, the fundamental laws or rules governing behavior. The Golden Rule Values are things people or groups believe to be worthwhile. Clearly different for different groups Ethics are defined as rules or standards governing conduct, particularly of a profession.

5 Other Thoughts A man without ethics is a wild beast loosed upon the world Albert Camus, Nobel laureate, author and philosopher Ethical people do the right thing when no one is watching Anonymous, often quoted

6 Engineering Ethics The study of moral issues and decisions confronting individuals and organizations involved in engineering The study of related questions about moral conduct, character, ideals and relationships of peoples and organizations involved in technological development (Martin and Schinzinger, Ethics in Engineering).

7 NSPE Board of Ethical Review Established in the 1950s to review factual situations involving ethical dilemmas submitted by engineers, public officials, and members of the public. Anonymous dilemma situations are reviewed by the members of the Board and considered in light of the language of the NSPE Code of Ethics, Board of Ethical Review precedents, and the practical experiences of the seven professional engineers selected from each of NSPE's separate geographical regions who serve on the Board. The Board issues written opinions which contain a description of the facts, pertinent Code citations, relevant questions, detailed discussions, and conclusions. Some opinions also include dissents.

8 NSPE Code of Ethics for Engineers Designed to provide positive stimulus for ethical conduct as well as helpful guidance and advice concerning the primary and basic obligations of engineers. Also establishes the ethical guideposts for the NSPE Board of Ethical Review in interpreting ethical dilemmas submitted by engineers, public officials, and members of the public.

9 Engineers' Creed Developed in response to a desire for a short statement of philosophy of service, similar to the Hippocratic Oath for medical practitioners or similar oaths of the legal profession, that can be used in ceremonies or in recognition of individuals. Approved in June 1954, the Creed is used widely in NSPE, state society, and local chapter officer installation ceremonies, licensure certificate presentations, and engineering school graduations.

10 Engineers' Creed As a Professional Engineer, I dedicate my professional knowledge and skill to the advancement and betterment of human welfare. I pledge: To give the utmost of performance; To participate in none but honest enterprise; To live and work according to the laws of man and the highest standards of professional conduct; To place service before profit, the honor and standing of the profession before personal advantage, and the public welfare above all other considerations. In humility and with need for Divine Guidance, I make this pledge. Adopted by National Society of Professional Engineers, June 1954

11 The National Council for Examiners of Engineering and Surveying (NCEES) Rules of Professional Conduct A set of model rules of professional conduct as guidance to state engineering licensing boards in developing such rules. Each state licensing board is generally granted the statutory authority to promulgate its own set of rules, which are binding upon every person holding an engineering license which allows them to offer or perform engineering services in the state.

12 NSPE Code of Ethics for Engineers Preamble Engineering is an important and learned profession. As members of this profession, engineers are expected to exhibit the highest standards of honesty and integrity. Engineering has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness and equity, and must be dedicated to the protection of the public health, safety, and welfare. Engineers must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct.

13 I. Fundamental Canons Engineers, in the fulfillment of their professional duties, shall: 1. Hold paramount the safety, health and welfare of the public. 2. Perform services only in areas of their competence. 3. Issue public statements only in an objective and truthful manner. 4. Act for each employer or client as faithful agents or trustees. 5. Avoid deceptive acts. 6. Conduct themselves honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession.

14 NSPE Code of Ethics for Engineers Engineering Ethics Homepage National Institute for Engineering Ethics collection of cases dating from 1976

15 We, the members of the IEEE, in recognition of the importance of our technologies in affecting the quality of life throughout the world, and in accepting a personal obligation to our profession, its members and the communities we serve, do hereby commit ourselves to the highest ethical and professional conduct and agree: 1. to accept responsibility in making decisions consistent with the safety, health and welfare of the public, and to disclose promptly factors that might endanger the public or the environment; 2. to avoid real or perceived conflicts of interest whenever possible, and to disclose them to affected parties when they do exist; 3. to be honest and realistic in stating claims or estimates based on available data; 4. to reject bribery in all its forms; IEEE Code of Ethics 5. to improve the understanding of technology, its appropriate application, and potential consequences; 6. to maintain and improve our technical competence and to undertake technological tasks for others only if qualified by training or experience, or after full disclosure of pertinent limitations; 7. to seek, accept, and offer honest criticism of technical work, to acknowledge and correct errors, and to credit properly the contributions of others; 8. to treat fairly all persons regardless of such factors as race, religion, gender, disability, age, or national origin; 9. to avoid injuring others, their property, reputation, or employment by false or malicious action; 10.to assist colleagues and co-workers in their professional development and to support them in following this code of ethics. Approved by the IEEE Board of Directors February 2006

16 to be continued Spring 2014, ELEC 422 Incident at Morales

17 Legal Issues in Design??? Often relate to Ownership!

18 Intellectual Property Intellectual Property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. -World Intellectual Property Organization Usually defined as those creations that are regulated by legislation

19 IP Categories Industrial property: includes inventions (patents), trademarks, industrial designs, and geographic indications of source (Vidalia, Roquefort, Tuscany) Copyright: includes literary and artistic works such as novels, poems, plays, films, musical works, drawings, paintings, photographs, sculptures, and architectural designs

20 Patents A patent for an invention grants the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States. Utility Patent: new and useful process, machine, article of manufacture, compositions of matter or new useful improvement thereof. Must be novel, non-obvious and useful. Design Patent: new, original and ornamental design for an article of manufacture.

21 Filing Patents Research Application Citation of prior art Description of invention Claims M & A for cooling an IC device

22 Patent Rules Grants the right to exclude others from making, using, offering for sale, selling or importing the invention, for 20 years from date of filing. Against the law to claim a false patent Failing to mark forfeits rights of infringement Patent Pending has no legal ramifications

23 Hot Patent Areas Information Security P2P file sharing Electronic media Biotechnology/Genetic Engineering Pharmaceuticals International issues

24 What Cannot be Patented? Laws of nature Physical phenomena Abstract ideas The Atomic Energy Act of 1954 excludes the patenting of atomic weapons

25 Trademarks A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others. -United States Patent and Trademark Office Trademark rights arise from Actual use of the mark Registering the mark with the PTO Registration is not required to establish rights and begin using a mark but offers legal protection. Unregistered use may result in injunction and awarding damages for infringement

26 Trademark Rules Trademark rights last indefinitely, if mark is used. 10 year registration can be renewed Evidence of use required during 5 th year. and SM can be used by anyone only for issued registered trademarks

27 Copyrights Copyrights are protection provided by the laws of the United States (title 17, U.S. Code) to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works. -United States Patent and Trademark Office Gives the owner exclusive right to do and to authorize others to do the following: To reproduce the work in copies; To prepare derivative works based upon the work; To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;

28 AND To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

29 Limitations The Following Cannot be Copyrighted: Works that have not been fixed in a tangible form Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration Works consisting entirely of information that is common property and containing no original authorship The Following are Not Restricted by Copyrights: Criticism and comment News reporting Teaching (multiple copies for classroom use) Research

30 Copyright Registration and Terms Registration legally establishes a public record of the copyright claim, and is required for infringement claim The time of registration can effect infringement awards. Copyrights last a long time. Life of author plus 70 years 120 years after creation or 95 years after publication for institution-owned copyrights.

31 Summary Ethics One distinguishing characteristic of a profession Adjudicated by the profession More to come in the spring Legal Ownership of Designs Industrial property Inventions (Patents) Trademarks Copyrights Literary works Artistic works Rules for establishing ownership and term of ownership vary