Criticisms of patent laws for technological innovations in the United States reveal a multifaceted milieu of problems centered around the protection of short-term economic gain and individual property rights. In this article, we consider this a conflict between current patent laws and the innovation capabilities of organizations. We propose a solution that enables the company to assure its long-term survival in the face of these restrictions. This presumes that the firm will at least maintain its innovation capacities while preserving the (...) company's ethical values and those of its social environment. We offer a theoretical model that is designed to help managers and policymakers reorient their governance strategies for managing the innovation process, using the “ethics of responsibility,” which establishes the link to individual moral values at the beginning of a governance process as well as the consequences of a decision. Our integrated causal model of ethical innovation for patents is presented and implications for global organizations and possible solutions for patent law process failure are offered. (shrink)

Developing and applying a framework for understanding the complexities of economic and legal considerations in two recent Supreme Court rulings was the focus of this research. Of especial concern was the protection of intellectual property in the pharmaceutical industry. Two cases from 2013 were selected: FTC v. Activis and Association for Molecular Pathology v. Myriad Genetics, Inc.. Part of the rationale for the selection was the importance of the Supreme Court rulings and the importance of the pharmaceutical sector. A qualitative (...) content analysis of the Court’s reported decision in each case was analyzed. Since ethical considerations may or may not be consistent with efficiency considerations of plaintiffs, defendants, or the courts, both efficiency and ethical arguments were included. Equally important to the understanding of the economic and ethical issues in the two above- mentioned cases was the development of a rationale for including and excluding a variety of ethical theories, ultimately influenced by Markkula Center For Applied Ethics Of Santa Clara University and Schumann :93–111, 2001). The refinement and use of a levels analysis approach portrays societal, organizational, and individual impacts, and allows for deeper understanding of litigated cases, irrespective of the country in which the litigation takes place :385–393, 2004; Foss et al., J Manag Stud 47:455–482, 2010). A rationale for this framework is the societal and organizational impacts on the myriad of stakeholders in the pharmaceutical sector. We suggest that this framework can be applied to other industries and other complex conflicts among stakeholders as well. (shrink)

Over a period of 19 months in 2006 and 2007, Mattel recalled approximately 14 million toys. The company was subjected to numerous lawsuits and regulatory actions and suffered severe damage to its reputation. Two issues were involved: excessive levels of lead in numerous toy surface paints and small detachable magnets in some toys, which could be swallowed. An examination of the facts shows that two different ethical situations were involved—one concerning product design and the other concerning manufacturing practices of Mattel's (...) Chinese contractors and subcontractors. The ethical obligations of the company and individuals within the company in the two situations were quite different, and illustrate problems faced by companies in managing their global supply chains. (shrink)

Domestic violence is a growing societal concern that often spills over into the workplace. However, employers are not recognizing the spillover of domestic violence as a workplace issue. This is problematic considering the serious financial, legal, and ethical consequences for organizations. We analyzed six cases involving domestic violence that were litigated under specific legal bases: Violence Against Women Act, discrimination laws including Title VII, Family and Medical Leave Act, Americans with Disabilities Act, Social Security Disability, Occupational Safety and Health Act, (...) and associated state and municipal ordinances. We chose cases that illustrate the problems of companies meeting the legal standards but not necessarily reaching ethical expectations. Our approach is congruent with the perspective that both legal and ethical analyses should be used in organizational decision making. We suggest for future research the analysis of additional litigated cases, other ethical perspectives, and additional sources of data. In addition, we suggest that companies who are striving for corporate social responsibility should integrate the ethical treatment of domestic violence victims. (shrink)

Ethical dissonance arises from conflicts between beliefs or behaviors and affects ethical factors such as normality or conformity. This paper proposes a weak signal-oriented framework to investigate ethical dissonance from experiences linked to human–machine interactions. It is based on a systems engineering principle called human-systems inclusion, which considers any experience feedback of weak signals as beneficial to learn. The framework studies weak signal-based scenarios from testimonies of individual experiences and these scenarios are assessed by other people. For this purpose, the (...) framework proposes several databases as sources of weak signals, formalization tools of experience feedback of weak signals, models of references of conformity, ethical factors, and a list of examples of ethical dissonance. It also includes sequential steps to make the latter credible regarding the results from the experimental protocols. The framework was used to investigate ethical dissonance by analyzing experiences pertaining to achieving inclusive mobility. The first example focuses on ethical dissonance in terms of hindrance that goes against autonomous mobility due to a misunderstanding of how the system functions in terms of negative and positive emotions. Two other examples present possible ethical dissonance when the use of safety systems such as car driver-assistance systems, may create danger. Investigating ethical dissonance can then help system-inclusive design or evaluation processes by taking into account scenarios from weak signal-based experiences and making them credible. (shrink)

Accidents involving large trucks result in significant economic and social costs. As technological solutions have improved, behavioral factors contributing to accidents have risen in importance. The purpose of this research is to investigate how norms, consequences, and personal attitudes influence safety-related ethical judgments and behavioral intentions. The Hunt–Vitell’s theory of ethical decision-making is adapted to test how these factors influence truck drivers’ decisions containing ethical content. Professional truck drivers evaluated decisions presented in two scenarios that included the situation, the decision, (...) and the results. The research found that drivers rely heavily on evaluations of safety norms when forming ethical judgments and behavioral intentions. Further, drivers’ attitudes toward compliance and the effectiveness of safety regulations also influenced decision-making to an extent. Overall, evidence of a refutation of the assumption that a tradeoff exists between operational productivity and safety was discovered. Drivers in this study intended to behave in a certain manner irrespective of time or money pressures. The perceived ethical component of the decision outweighed regulatory and economic consequences under a range of parameters. (shrink)