Boatright PPT Chapter 05

Ethics and the Conduct of Business
Eighth edition
Chapter 5
Business Information
and Conflict of Interest
Copyright © 2017, 2012, 2009 Pearson Education, Inc. All Rights Reserved
Modules
• Introduction: Business Information and Conflict of Interest
• 5.1: Confidential Information
• 5.2: Proprietary Information
• 5.3: Conflict of Interest
• Conclusion: Business Information and Conflict of Interest
Learning Objectives
•
5.1: Identify the competing rights and considerations of fairn
ess for employers and employees seeking to protect or use
confidential information
•
5.2: Explain the concepts of intellectual property and trade s
ecrets; the arguments surrounding questions of ownership,
protection, and collection; and how these issues affect the e
mployer-employee relationship
•
5.3: Describe the meaning of conflict of interest, the differen
t types of conflict of interest, and ways by which business fir
ms can manage these
situations
Introduction: Business Information and
Conflict of Interest
• Information valuable asset that companies protect
• Conflict of interests should be managed
• Confidential information is internal information
• Proprietary information said to be owned in form of
property
• Intellectual property includes trade secrets, patents,
trademarks, copyrights
5.1: Confidential Information (1 of 2)
Objective: Identify the competing rights and considerations of fairness for employers and
employees seeking to protect or use confidential information
• 5.1.1: Duty of Confidentiality

– Justifying the duty
– Confidentiality agreements
• 5.1.2: Competitive Employment
– Noncompetition agreement
– Features
5.1: Confidential Information (2 of 2)
Objective: Identify the competing rights and considerations of fairness for employers and
employees seeking to protect or use confidential information
• 5.1.3: Impact of Restrictions

– Imposition of noncompetition agreements
– Noncompetition agreements
– Drawbacks of noncompetition agreements
– Test to determine noncompetition agreements
– Factors in determining restrictions
5.2: Proprietary Information (1 of 3)
Objective: Explain the concepts of intellectual property and trade secrets; the arguments
surrounding questions of ownership, protection, and collection; and how these issues
affect the employer-employee relationship
• 5.2.1: Intellectual Property

– Patents and copyright laws
– Creators have property rights in ideas
– Legal protection drawbacks
• 5.2.2: Defining Trade Secrets

– Examples of trade secrets
– Examples of confidential business information
– Factors that determine trade secrets
– Economic Espionage Act of 1996
– Arguments for trade secret protection
• 5.2.3: Property Rights Argument
– Who owns the product?
– The Wexler case
• 5.2.4: Fair Competition Argument

– Fairness of trade
– Right to compete
• 5.2.5: Competitor Intelligence
– Collection practices
– Unethical methods
Figure 5.1: Business Information
5.3: Conflict of Interest (1 of 2)
Objective: Describe the meaning of conflict of interest, the different types of conflict of
interest, and ways by which business firms can manage these situations
• 5.3.1: Defining Conflict of Interest

– Occurrence
– Benefits
• 5.3.2: Some Relevant Distinctions
– Actual and potential conflict of interest
– Personal and impersonal conflicts of interest
– Individual and organizational conflict of interest
5.3: Conflict of Interest (2 of 2)
Objective: Describe the meaning of conflict of interest, the different types of conflict of
interest, and ways by which business firms can manage these situations
• 5.3.3: Kinds of Conflict of Interest

– Biased judgment
– Direct competition
– Misuse of position
– Violation of confidentiality
• 5.3.4: Managing Conflict of Interest
– Not merely a matter of personal ethics
– Means of managing conflict of interest
Conclusion: Business Information and
Conflict of Interest
• Ethical issues involves a delicate balancing
• Arguments about rights, duties, and fairness
• Language of duties and rights has dominated the
discussion
• Conflict of interests involves concept of duty

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Ethics and the Conduct of Business

• 5.1.1: Duty of Confidentiality

• 5.1.3: Impact of Restrictions

• 5.2.1: Intellectual Property

• 5.2.2: Defining Trade Secrets

• 5.2.4: Fair Competition Argument

• 5.3.1: Defining Conflict of Interest

• 5.3.3: Kinds of Conflict of Interest

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