CHAPTER 5

Research
& UniKL
Intellectual MICET
Properties

1
Universiti Kuala Lumpur
Malaysian Institute of Chemical and Bioengineering Technology
 OBJECTIVES

To understand the philosophy of

engineering ethics and to use it
in solving the morals issues
encountered in research and
intellectual properties.
 Explain the scope of eng
tech ethics in research and
intellectual properties.

Define the
function of
engineering
technologist in
Topic research
activity.
outcomes
Intellectual Property (IP)
Research
 In an exam situation, Student A
noticed Student B is cheating.
 Student A, what would you do?
 If you were caught (Student B), what
do you RECOMMEND to happen to
you?
1
use of another’s intellectual property
without permission or credit

Short quotes
 Long passages
e.g: Zainal et al. (2011) claimed that…….
 Trimming
smoothing irregularities in data

irregularities
 -
:
Cooking
disregarding data points that do not fit
the theory
2
 Company A
(turned them
over to company
Eng. A B for production)
(prepare plan &
Company B
specification for
machinery)

Company A
(willing to re-
Company B Eng. B
design)
(produce the (detect certain
machine based miscalculation &
on new design) technical deficient)
 What are the As the employer Who should
ethical of engineers in take
obligations* of Company A, what responsibility
the engineers would your
response likely if after
of Company B be to the manufacture,
under the reaction of the the machinery
stated engineers in
circumstances Company B? misbehaves
? as predicted?

*Duty, commitment, responsibility

3
 Medicine- A patient has a right
to expect that his/her medical
records will not be released
without permission.

Law- A client has a right to

expect that his legal situation
will be kept private.
 Eng tech shall not reveal facts,
data, or information obtained in a
professional capacity without the
prior consent of the client or
employer except as authorized by
law or this code

Eng tech shall act in

professional matters for
each employer or client as
faithful agents or trustees
 Abuse of Professional
Confidentiality

Refusing to break
Breaking confidentiality
confidentiality when a higher
without obligation to the
justification. public warrants it.
4 Expert
Witnessing
Engineers hired in legal cases
requiring technical knowledge:

defective
structural patent
accidents defects infringements products

The expert witness must show:

correction is
defect could affordable & does
defect is have been not compromise the
recognizable corrected product’s function
Reserve adequate time to
prepare case
Explain technical details to lawyer
(client)

Be open to new information

Testify honestly (same for plaintiff

as for defendant)

Be objective, unbiased & even

tempered
 Eng. A develops Client believes the
what he believes to design is too
be the best design complex-seeks a
simpler design
The client demands for
the drawings so that Eng. A believes a
he can present them to simpler solution will
Eng. C in completing not achieve the result
the project to his liking. and could endanger
the public
 The client is
willing to pay Eng. A refused to
for the deliver the drawings.
drawings, but
will not pay until
Eng. A delivers
the drawings.
 Would it be What would be
ethical for the
Engineer A to consequence if
deliver the plans he did deliver
and specifications the plans to the
to the client? client?
• (II.1.a) Engineers shall at all times recognise that their
primary obligation is to protect the safety, health,
property, and welfare of the public.
• (II.1.b) Engineers shall advise their clients or employers
when they believe a project will not be successful
• (II.1.e) Engineers having knowledge of any alleged violation
of the code shall cooperate with the proper authorities in
furnishing such information or assistance as may be
required.
5 Conflicts
of Interest
 a conflict between
the private interests
and the official
responsibilities of a
person in a position
of trust
• (II.4) Eng tech shall act in professional
matters for each employer or client as
faithful agents or trustees
• (II.4.a) Eng tech shall disclose all known or
potential conflicts of interest to their
employers or clients by promptly informing
them of any business association, interest, or
other circumstances that could influence or
appear to influence their judgment or the
quality of their services
 Ahmad is a purchasing agent
for JayCo.

For the past 100 years, Ahmad’s

family has owned a company that
makes bolts.

JayCo needs to purchase 100,000

bolts.
Does Ahmad have a
conflict of interest?
 Siti is a research chemist

The laboratory encouraging

their chemist to generate patents
that turn out more income
Mary does research in her own laboratory
and has an excellent reputation.

Because of her reputation, she is invited to

review proposals for the new research
projects

Does Siti have a conflict

of interest?
 Prof Abu is a world-renowned expert
in heat transfer.

He has written the leading

textbook on heat transfer

He teaches heat transfer to 100

students each semester.
He selects his own text which will
generate an additional $2000/yr in
royalties.
Does Prof Abu have a
conflict of interest?
Pak Mail is an expert on the
design of ‘sampan’

Two teams that are competing in the

Layar’s Cup race approach him to help
design their ‘sampan’.

Pak Mail accepts the offer

from each team.

Does Pak Mail have a

conflict of interest?
 “A Conflict of Interest” is
not...
Conflicting Interest
A student likes to play soccer and football;
he cannot decide which of his interests.
Conflicting Obligation
An eng tech is designing an automobile.
He has an obligation to the public to
make it safe, but he also has an
obligation to his employer that the
automobile be profitable.
 An engineer is only forced
to protect the legal
interests of his employer or
client
 Potential
Actual Apparent

Types of Conflicts of Interest

 Actual conflict of interest

W is a
purchasing W’s family has
owned a JayCo needs to
agent for
company that purchase
JayCo.
makes bolts. 100,000 bolts.

If JayCo purchases the bolts, the value of

John’s stock in the family business will
increase by 20%.
 Potential conflict of interest

W is a JayCo
purchasing His fiancée's needs to
agent for family has purchase
JayCo owned a 100,000
company that bolts.
makes bolts
If W marries his fiancée, he stands to
gain financially if JayCo purchases the
bolts from his fiancée's company.
 Apparent conflict of interest

W is a W’s family W had a fight with

purchasing has owned a his family and has
agent for company not spoken to them
JayCo that makes
bolts JayCo needs to
purchase
100,000 bolts.
W owns no stock in the bolt company.
does a conflict of
interest matter?
 Engineers Their
are hired for judgment
their must be
expertise reliable

The client/
employer
must trust
the engineer
to make
correct Actual and potential
decisions. conflicts of interest can
cause biased
decisions
 Disclose:
“Boss, I want you to know my
family owns a bolt company
that will bid on the upcoming
procurement.”

Recues:
“Boss, please do not assign me to the bolt
procurement, because I have a conflict of
interest. I will be happy to work on other
projects.”
6 Gifts
 Accepting a valuable gift should be
avoided because it can cause
conflicts of interest

Inexpensive gifts are

usually not of concern?

Where is the line drawn between

inexpensive and valuable gifts?
 *ask for

• (II.4.c) Eng tech should not solicit* or accept financial or other

valuable consideration, directly or indirectly, from contractors, their
agents, or other parties in connection with work for employers or
clients
• (II.5.b) Eng tech shall not offer, give, solicit, or receive, either directly
or indirectly, any political contribution in an amount intended to
influence the award of a contract by public authority, or that may be
reasonably construed by the public of having the effect or intent to
influence the award of a contract. They shall not offer any gift, or
other valuable consideration in order to secure work. They shall not
pay a commission, percentage, or brokerage fee in order to secure
work except to a bona fide employee or bona fide established
commercial or marketing agencies retained by them.
• (III.5.b) Eng tech shall not accept commissions or allowances,
directly or indirectly, from contractors or other parties dealing with
clients or employers of the Eng tech in connection with work for
which the Engineer is responsible.
 How do you define “valuable”?
How do other people define “valuable”?
Remember !!!!

accepting a valuable gift

should be avoided because it
lead to conflicts of interest or
the appearance of conflicts of
interest.
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