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Ethics and Governance Flashcards
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Ethics and Governance Flashcards
Ethics and Governance Flashcards
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1
Question
What is the difference between internal and external whistle blowing?
Answer
Internal whistle blowing involves reporting misconduct within the organization, such as to a supervisor or internal ethics committee. External whistle blowing involves reporting misconduct to outside entities like the media, law enforcement, NGOs, or regulators.
2
Question
Describe the three types of whistle blowing based on the nature of disclosure.
Answer
Open whistle blowing is when the whistleblower reveals their identity; anonymous whistle blowing is when the whistleblower conceals their identity; confidential whistle blowing means the identity is known to authorities but kept confidential from the public.
3
Question
What motivations can drive whistle blowing?
Answer
Whistle blowing can be motivated by altruism (concern for the public good), vindictiveness (personal revenge), personal gain (seeking rewards or promotions), or public interest (to prevent harm or improve organizational practices).
4
Question
What protections does the Whistle Blowers Protection Act, 2014 in India provide?
Answer
The Act provides a mechanism to receive complaints about corruption or misuse of power by public servants, protects whistleblowers from victimization, and allows anonymous complaints, though it lacks strong implementation mechanisms.
5
Question
What is the purpose of Section 177 in India's Companies Act, 2013 regarding whistle blowing?
Answer
Section 177 mandates companies, especially listed and certain public companies, to establish a vigil mechanism enabling directors and employees to report concerns, with Audit Committees overseeing whistleblower complaints.
6
Question
How do whistle blowing laws like the Sarbanes-Oxley Act (USA) and the Public Interest Disclosure Act (UK) protect whistleblowers?
Answer
The Sarbanes-Oxley Act protects employees of publicly traded companies who report fraud, while the Public Interest Disclosure Act protects whistleblowers from dismissal or victimization for reporting wrongdoing.
7
Question
Why is whistle blowing important in organizations?
Answer
Whistle blowing enhances transparency and accountability, deters unethical behavior, protects organizational and public interest, and strengthens governance and internal controls.
8
Question
What are some common risks and challenges whistleblowers face?
Answer
Whistleblowers risk retaliation such as job loss or harassment, face emotional and social pressure, may encounter legal complications if unprotected, and often lack effective response mechanisms.
9
Question
Define Intellectual Property (IP) and explain its main purpose.
Answer
Intellectual Property refers to creations of the human mind protected by law, including inventions, artistic works, designs, symbols, names, and trade secrets. IP grants creators exclusive rights to use their creations for a limited period, encouraging innovation and economic growth.
10
Question
List and briefly describe the main types of Intellectual Property covered in the text.
Answer
1. Copyright: Protects original literary and artistic works; 2. Patent: Protects novel, useful inventions; 3. Trademark: Protects unique signs or logos distinguishing goods/services; 4. Industrial Design: Protects aesthetic aspects of products; 5. Geographical Indications: Protects products linked to specific geographic origins; 6. Trade Secrets: Protects confidential business information not publicly known.
11
Question
What is the duration and protection scope of a copyright in India?
Answer
Copyright protection lasts for the life of the author plus 60 years in India and covers reproduction, distribution, public performance, and adaptation of original literary, artistic, musical, and dramatic works.
12
Question
How do patents differ from trademarks and what are their typical durations?
Answer
Patents protect new, useful, and non-obvious inventions for 20 years from filing, while trademarks protect unique signs or logos distinguishing goods or services, lasting 10 years but renewable indefinitely.
13
Question
Explain the concept of 'Trade Secrets' and how they are protected in India.
Answer
Trade Secrets consist of confidential business information not publicly known, such as formulas or algorithms. India has no specific law for trade secrets; protection is provided through contract law, civil law, and equity principles, lasting as long as the secret is maintained.
14
Question
What are some key international treaties and organizations related to Intellectual Property?
Answer
Key treaties include WIPO (UN agency promoting global IP protection), TRIPS Agreement (WTO standards for IP laws), Berne Convention (international copyright protection), Paris Convention (patents and trademarks protection), and Madrid Protocol (international trademark registration).
15
Question
Why is Intellectual Property important for economies and culture?
Answer
IP encourages innovation and investment, boosts economic growth and entrepreneurship, ensures consumer trust and product authenticity, facilitates global trade, and helps preserve indigenous and traditional knowledge.
16
Question
Identify major challenges associated with Intellectual Property.
Answer
Challenges include piracy and counterfeiting, high enforcement costs, conflicts between access and ownership (e.g., medicines, software), lack of awareness, and theft of digital IP.
17
Question
What recent developments related to IP protection have occurred in India?
Answer
India has introduced the National IPR Policy, 2016 to promote awareness and commercialization of IP, integrated IP with Digital India and Make in India programs, and implemented online filing and e-governance for IP registration through the IP India portal.
18
Question
Define Conflict of Interest (COI) and explain when it becomes problematic.
Answer
A COI occurs when a person has multiple interests and serving one could harm or compromise the other, resulting in biased judgment or unethical conduct. It becomes problematic when undisclosed or misused, compromising fairness and integrity.
19
Question
What are the key criteria for identifying a conflict of interest?
Answer
Key criteria include dual competing interests, decision-making power influencing outcomes, potential bias from personal gain, and lack of transparency in disclosing interests.
20
Question
Differentiate between actual, potential, and perceived conflicts of interest with examples.
Answer
Actual COI: the person currently holds conflicting roles (e.g., a government official awarding a contract to a relative’s company). Potential COI: a situation that could develop into conflict (e.g., a doctor considering joining a pharmaceutical company they prescribe). Perceived COI: no real conflict exists but may appear unethical (e.g., a judge hearing a case involving an old friend).
21
Question
Give examples of conflict of interest scenarios in corporate, medical, academic, and public service fields.
Answer
Corporate: CEO invests in supplier and influences procurement. Medical: Doctor refers patients to lab they partly own. Academia: Professor grades a family member. Public service: Politician favors legislation benefiting their business.
22
Question
What are the consequences of unmanaged conflicts of interest?
Answer
Consequences include loss of trust, legal liability, reputational damage, and unethical practices such as bias, corruption, and misuse of power.
23
Question
Which Indian laws address conflict of interest and what do they require?
Answer
Prevention of Corruption Act, 1988 penalizes abuse of position for personal gain; Companies Act, 2013 requires disclosure of interests (Section 184) and duties to avoid COI (Section 166); Civil Services Conduct Rules bar government employees from conflicting business or relationships.
24
Question
What global guidelines and policies exist to manage conflict of interest?
Answer
The U.S. Office of Government Ethics sets standards for federal employees; OECD Guidelines promote transparency in business; WHO Conflict of Interest Policy ensures objectivity in health recommendations.
25
Question
Outline key strategies to manage conflicts of interest effectively.
Answer
Strategies include disclosure of interests, recusal from decision-making where conflicted, independent review by unbiased parties, implementation of codes of conduct, and training and awareness programs for employees.
26
Question
Define occupational hazards and describe the major categories.
Answer
Occupational hazards are risks or dangers workers face during their job that may cause injury, illness, or death. Categories include physical (noise, radiation), chemical (fumes, solvents), biological (infectious agents), ergonomic (poor workstation design), psychosocial (stress, bullying), and mechanical hazards (machinery injuries).
27
Question
What are examples and effects of physical and chemical occupational hazards?
Answer
Physical hazards include noise, radiation, vibration, extreme temperatures, causing hearing loss, burns, heatstroke, frostbite, electrocution. Chemical hazards include exposure to fumes, gases, solvents, pesticides, causing skin diseases, respiratory issues, poisoning, and cancer.
28
Question
How can psychosocial hazards affect workers, and what are some examples?
Answer
Psychosocial hazards such as harassment, long working hours, job insecurity, and bullying can lead to stress, anxiety, depression, burnout, and even suicide.