ETHICS MODULE 3

BASICS OF INTELLECTUAL PROPERTY RIGHTS (IPR)

Intellectual Property (IP) refers to creations of the human mind. Unlike physical property (like
land or a car), IP is intangible. It includes innovative ideas, artistic expressions, and unique
business identifiers.
IP becomes valuable because it can be used, sold, licensed, or commercialized—just like physical
property.
Examples:
 A researcher inventing a vaccine
 An author writing a novel
 A company designing a new mobile phone body
 A start-up creating a unique app interface
What Are Intellectual Property Rights (IPR)?
Intellectual Property Rights are a set of legal rights given to creators or owners of IP to protect
their creations from unauthorized use.
They provide:
 Exclusive ownership
 Control and authority
 Right to profit from the creation
 Legal protection against copying or misuse
IPR is essential because, without protection, anyone could copy, reproduce, or sell someone else’s
work with no consequences.
Objectives of IPR
1. To reward creativity: Creators get benefits (financial + recognition) for their efforts.
2. To promote innovation and research: By ensuring protection, more people invest in new
ideas.
3. To prevent exploitation: IPR prevents theft, piracy, and plagiarism.
4. To encourage economic growth: Many nations rely on IP-driven industries like software,
entertainment, pharmaceuticals, etc.
5. To create a fair competitive market: Protects businesses from brand misuse or product
copying.
Types of Intellectual Property Rights
A. COPYRIGHT
Copyright protects the expression of an idea—not the idea itself.
What It Covers:
 Books, poems, articles
 Movies, songs, music recordings
 Paintings, photographs
 Software programs
 Architectural drawings, choreography
Rights Given:
1. Reproduction right (copying work)
2. Distribution right (selling copies)
3. Public performance right
4. Translation/adaptation right
5. Moral rights (right to be credited)
Limitations:
 Does not protect ideas, procedures, concepts.
 Fair use allowed for education, research, news reporting.

B. PATENTS
A patent is a legal right granted for an invention, giving exclusive rights to the inventor for 20
years.
Invention Must Be:
1. Novel – New, not known before.
2. Non-obvious – Not easily predictable.
3. Useful – Has industrial application.
What Can Be Patented?
 Machines (e.g., washing machine mechanism)
 Chemical formulas
 Medical devices
 New drugs
 New technological processes
Rights Given: Right to stop others from making, using, selling, or importing the invention.
Limitations:
 Expensive and time-consuming process.
  Only valid for 20 years.

C. TRADEMARKS
A trademark protects brand identifiers, helping consumers distinguish one business from another.
What It Covers:
 Logos (Apple logo)
 Brand names (Nike)
 Slogans (“Just Do It”)
 Sound marks (Nokia tune)
 Color combinations (Cadbury purple)
 Shape marks (Coca-Cola bottle)
Purpose: To prevent confusion about product origin.
Rights Given:
 Exclusive use of the mark
 Right to sue for infringement
 Builds brand identity and trust

D. INDUSTRIAL DESIGN RIGHTS

Protects the aesthetic or visual appearance of a product—not its function.
What It Covers:
 Shape
 Pattern
 Colour
 Packaging style
 Embellishments
Examples:
 Unique shape of a perfume bottle
 Designer patterns on clothing
 Smartphone body design

E. TRADE SECRETS
Confidential business information that gives a competitive advantage.
Examples:
 Coca-Cola formula
 KFC secret recipe
 Google’s algorithms
 Customer lists
 Manufacturing processes
Rights & Protection:
 No registration required.
 Protected through confidentiality agreements (NDAs).
 Protection lasts indefinitely—until disclosed.

Importance of Intellectual Property Rights

Economic Benefits
 Encourages investment in R&D
 Generates revenue (royalties, licensing)
 Creates jobs in creative industries
Business Benefits
 Strengthens branding
 Prevents unfair competition
 Enhances market value
Creative Benefits
 Protects authors and artists
 Promotes cultural development
 Encourages original work
Societal Benefits
 Promotes technological progress
 Ensures authenticity of products
 Protects consumers from counterfeit goods

CONFIDENTIALITY
Confidentiality refers to the ethical and legal obligation of a professional (such as a psychologist,
counselor, doctor, lawyer, or researcher) to protect private information shared by a client or
participant.
It means:
 Information revealed during sessions must not be shared with others
 Except under specific, justified conditions
 And only with proper consent or legal requirement
Confidentiality protects a person’s privacy, dignity, and autonomy.
Example: In therapy, if a client reveals their trauma history, the psychologist cannot disclose this
to others—family, college, employer—without consent.
Importance of Confidentiality in Psychology
A. Builds Trust and Therapeutic Alliance: Clients open up only when they feel safe.
Confidentiality is the foundation of psychological treatment.
B. Encourages Open Communication: Clients feel free to express emotions, trauma, thoughts,
and fantasies.
C. Protects Client Autonomy and Rights: Clients control who gets access to their personal
information.
D. Ethical and Legal Requirement: All professional codes (APA, BPS, RCI, rehabilitation and
counseling standards) require confidentiality.
E. Prevents Stigma: Especially relevant for mental health, sexuality, abuse, or substance-use
cases.
Limits and Exceptions to Confidentiality
Confidentiality is NOT absolute. Professionals must or may break confidentiality under certain
conditions such as:
A. Danger to Self: If the client is suicidal or engaging in self-harm.
B. Danger to Others: If the client intends to harm someone else.
C. Child Abuse / Elder Abuse: Mandatory reporting laws require disclosure.
D. Court Orders: A judge may legally demand records.
E. Supervision and Consultation: Case discussion with supervisors is ethical, but identifying
details must be protected.
F. Consent of Client: Client may request information to be shared with another professional.
Ethical Principles Supporting Confidentiality
 Beneficence (Doing good)
 Non-maleficence (Do no harm)
 Respect for autonomy
  Fidelity (Faithfulness in the therapeutic relationship)
 Justice (Fairness)

UNINTENTIONAL BREACHES OF CONFIDENTIALITY

Unintentional breaches occur when a professional accidentally shares private information without
meaning to. These are not deliberate but still violate ethics and may harm the client.
An unintentional breach of confidentiality happens when confidential information is disclosed
accidentally due to carelessness, organizational issues, or technological lapses. Even if it is
unplanned, the professional is still responsible.
Common Causes of Unintentional Breaches
A. Verbal Mistakes
 Talking about a client in public areas (hallways, cafeteria, elevator)
 Discussing cases where others can overhear
 Mentioning identifiable information during teaching sessions
Example: A therapist discusses a client's trauma case with a colleague in a hospital corridor, and a
family member passes by and overhears.
B. Improper Record Handling
 Leaving files open on the desk
 Not locking cabinets
 Misplacing case notes
 Throwing documents in normal trash instead of shredding them
Example: A psychologist forgets a client’s assessment report on a photocopy machine.
C. Digital/Technology-Related Breaches
 Sending emails to the wrong recipient
 Using unsecured Wi-Fi for tele-counseling
 Storing data on unsecured personal devices
 Losing a USB or laptop containing client data
 Screen sharing sensitive files accidentally
Example: During an online therapy session, the therapist accidentally shares the screen showing
another client’s report.
D. Social Media Mistakes
 Posting about cases even with altered details
 Sharing photos from the workplace that show client records in the background
 Using personal social media to discuss clients anonymously
Example: A counselor posts “Tough session today with my client who is divorcing,” and someone
guesses the client’s identity.
E. Supervision or Training Errors
 Students or interns discussing cases outside supervision
 Sharing client information in class presentations without proper anonymization
F. Breaches by Staff or Organizational Systems
Sometimes the therapist is not directly responsible.
Examples:
 Receptionists calling out full names loudly in the waiting room
 Staff misplacing appointment logs
 Hospital software visible to unauthorized personnel
Still, the professional carries partial responsibility.
Consequences of Unintentional Breaches
A. Loss of Trust: Client may withdraw from therapy or stop sharing openly.
B. Emotional Harm to Client: Embarrassment, shame, anxiety, stigma.
C. Ethical Consequences: May face disciplinary action under professional ethics boards.
D. Legal Consequences: Possible lawsuits for negligence, depending on severity.
E. Damage to Professional Reputation: Loss of credibility among peers or clients.
Preventing Unintentional Breaches
A. Secure Record-Keeping
 Lock cabinets
 Use encrypted digital storage
 Shred discarded papers
B. Awareness of Environment
 Avoid discussing cases in public
 Maintain private office spaces
C. Technology Safety
 Use secure video platforms
 Double-check emails before sending
 Password-protect devices
D. Training & Supervision
 Educate staff, interns, trainees
  Regular workshops on confidentiality
E. Clear Policies
 Standard protocols for case sharing, data handling, tele-counseling

PRINCIPLES OF NATURAL JUSTICE

Natural Justice refers to the basic rules of fair procedure that any authority must follow while
making decisions that affect the rights, duties, or interests of individuals.

These principles ensure justice is:

 Fair
 Impartial
 Reasonable
 Free from bias
 Transparent

Natural justice is based on the belief that “Justice must not only be done, but must also be seen to
be done.”

Purpose of Natural Justice

Natural Justice aims to:

1. Protect individuals from arbitrary or unfair decisions

2. Promote fairness in administrative, legal, and disciplinary actions
3. Ensure proper hearing and unbiased judgement
4. Protect the rule of law and democratic values
5. Build trust in the decision-making system

The Three Core Principles of Natural Justice

Traditionally, there are two main principles. Modern law recognizes a third principle.

1. The Rule Against Bias (Nemo Judex in Causa Sua)

Meaning: “No person shall be a judge in their own case.” A decision-maker must not have:

 Personal interest
 Financial interest
 Emotional involvement
 Preconceived notions
 Professional rivalry
 Any relationship with parties involved

Types of Bias:

A. Personal Bias: When the decision-maker has a personal relationship with either party.
Examples:
  Family, friend, enemy, colleague involved in the case
 Decision-maker emotionally connected to one party

B. Pecuniary (Financial) Bias: Any financial interest automatically disqualifies a person.

Example:

 Judge owns shares in a company involved in the case

Even a small financial interest counts.

C. Subject-Matter Bias: When the decision-maker is directly involved in or passionate about the
subject.
Example:

 A committee member deciding on a research grant for a topic they themselves support
strongly

D. Official/Departmental Bias: Happens when government departments act both as:

 Accuser
 Investigator
 Decision-maker

This may lead to partiality.

E. Preconceived Notion Bias: Decision-maker has already formed an opinion before hearing the
case.

2. The Right to Fair Hearing (Audi Alteram Partem)

Meaning: “Let the other side be heard” or “Hear the other party.” Before taking any action that
harms a person, the authority must:

 Give notice
 Provide full opportunity to present their case
 Allow defense
 Consider evidence fairly

This is the heart of natural justice.

Components of Fair Hearing:

A. Notice: The affected person must receive:

 Clear, written notice

 Reasonable time to prepare
 Description of charges or issues
 Date, time, and place of hearing

Without proper notice, no decision is valid.

B. Disclosure of Evidence: Parties must be informed of all:

  Documents
 Statements
 Evidence
 Witnesses

This ensures transparency.

C. Opportunity to Present Case: The person must be allowed to:

 Speak
 Submit documents
 Provide explanations
 Give counter-arguments

D. Right to Cross-Examination: When witnesses give statements, the affected person must be
allowed to question them.

E. Right to Legal Representation: In complex cases, the person must be allowed a lawyer.

F. Reasonable Time: Adequate time must be given for:

 Preparing documents
 Gathering evidence
 Consulting a lawyer

G. Public Hearing: Hearing should be open unless confidentiality is required for valid reasons.

H. No Evidence Behind the Back: No new evidence should be used without informing the
affected person.

3. Requirement of Speaking Orders (Reasoned Decisions)

Meaning: Authorities must give decisions with clear reasons, not arbitrary or vague statements.

Why Reasoned Decisions Are Important?

 Ensures transparency
 Shows evidence was considered
 Allows appeal or review
 Prevents misuse of power
 Builds public trust

Example: Instead of saying:

“Application rejected.”
A speaking order states:
“Application is rejected because required documents were incomplete and verification failed.”

Additional Principles of Natural Justice (Modern Extensions)

A. Right to Appeal: Individuals have the right to challenge the decision.

B. Doctrine of Legitimate Expectation: If an authority has established procedures, people expect
them to be followed.

C. Doctrine of Proportionality: Punishment or action must be proportional to the offense.

Example: Suspending a student for minor misbehaviour is disproportional.

WORKING WITH MINORS

A comprehensive guide for psychology, counselling, clinical settings, and child-welfare work.
A minor is any person below 18 years of age (as per most laws, including India’s Juvenile Justice
Act and international standards).
Working with minors is fundamentally different from working with adults because children:
 Are still developing cognitively and emotionally
 Have limited decision-making capacity
 Are legally dependent on parents/guardians
 Require stronger protection from harm
Because of this, professionals must follow strict ethical, legal, developmental, and safety-based
guidelines.
1. Ethical principles when working with minors
A. Best Interest of the Child (Primary Principle): Every action must prioritize the child’s
safety, well-being, rights, and development, even if it conflicts with parental preference or
convenience.
B. Non-maleficence & Beneficence
 Do no harm
 Provide interventions that benefit the child’s psychological, emotional, and developmental
needs
C. Autonomy - Modified for Minors: Children may not make full legal decisions, but
professionals should still:
 Respect their views
 Invite their participation
 Explain things in age-appropriate ways
D. Justice: Fair treatment without discrimination based on gender, disability, socioeconomic
background, religion, etc.
E. Fidelity & Trustworthiness: Children need extra emotional safety. Consistency and trust in
the professional relationship is crucial.
2. Legal Requirements
Working with minors involves strict legal considerations:
A. Parental/Guardian Consent: For therapy, assessment, research, school counseling, or medical
evaluations, professionals must obtain:
 Informed Consent from parents/guardians
 Assent from the child (explained later)
Exception: Consent is not required in cases of:
 Abuse
 Neglect
 Emergency mental-health situations
 Court-mandated interventions
B. Mandatory Reporting: Professionals MUST report:
 Physical abuse
 Sexual abuse
 Emotional abuse
 Neglect
 Child labour
 Child marriage
 Any risk to child safety
In India, POCSO Act (2012) makes reporting mandatory, and failure to report is a legal offense.
C. Confidentiality Rules: Confidentiality is not absolute with minors. Professionals must break
confidentiality when:
 Child is in danger
 Child is harming self or others
 Abuse is disclosed
 Ordered by court
3. Establishing Therapeutic Rapport with Minors
Children communicate differently from adults. Techniques include:
A. Play Therapy Techniques: These help children express emotions symbolically.
 Drawing
 Storytelling
 Puppet play
 Sand tray
 Games
B. Age-Appropriate Language: Use simple, concrete terms.
C. Non-judgmental Attitude: Children are sensitive to adult reactions.
D. Consistency & Predictability: Helps build trust.
E. Respect Developmental Stage: A 5-year-old and a 15-year-old require very different
approaches.
4. Confidentiality when working with minors
Confidentiality is limited because safety is the top priority.
A. What Can Be Kept Confidential
 Minor daily issues
 Feelings, small conflicts
 Personal preferences
B. What Cannot Be Kept Confidential
 Abuse
 Danger to self or others
 Criminal behaviour
 Severe mental health issues
 Court-ordered documentation
Best Practice: Explain confidentiality limits clearly during the first session to both child and
parent.
5. Working with parents and families
Parents are essential partners in child therapy.
Professionals must:
 Build alliance with parents
 Respect parent concerns
 Provide feedback while protecting child’s privacy
 Offer psychoeducation
 Address parental mental health issues (if relevant)
Avoid:
 Blaming parents
 Taking sides in parental conflict
 Becoming a family mediator
6. Assessment of Minors
Assessment methods must be developmentally appropriate.
A. Tools & Methods
 Behavioural observations
 Play-based observations
 Standardized child assessment tests
 Interviews with parents/teachers
 School records
 Socio-emotional screening tools
B. Areas Assessed
 Cognitive functioning
 Emotional regulation
 Trauma history
 Behavior issues
 Learning difficulties
 Social skills
 Family environment
7. Interventions with Minors
Interventions must be tailored to age, ability, and emotional maturity.
Common Therapeutic Approaches:
 Play therapy
 Behavioural therapy
 CBT for children
 Family therapy
 Parent management training
 Trauma-focused therapy
 Art therapy
 Social skills training
School-Based Interventions:
 Conflict resolution
 Bullying prevention
 Life skills training
  Academic support plans
8. Challenges in Working With Minors
A. Limited communication skills: Children may not verbalize their feelings directly.
B. Parental conflicts: Especially in cases of divorce, custody battles.
C. Resistance from adolescents: Teens might not want therapy.
D. Over-involvement or under-involvement of parents
E. Mandatory reporting complicates confidentiality
F. School pressures: Teachers may push for labels.
G. Managing digital exposure: Cyberbullying, gaming addiction, social media influence.
9. Documentation and Record Keeping
Records must include:
 Consent & assent forms
 Session notes
 Behavioural observations
 Assessment scores
 Safety plans
 Reports submitted to authorities
Records must be kept secure and confidential.

REDRESSAL MECHANISM: ORGANIZATIONAL COMPLAINT PROCEDURE

A Redressal Mechanism is the structured process through which an organization receives,
investigates, and resolves complaints raised by employees, clients, or stakeholders. It ensures
fairness, justice, and accountability when concerns such as harassment, discrimination, unethical
behavior, or policy violations occur.
This mechanism is essential in:
 Workplaces
 Educational institutions
 NGOs
 Healthcare and counseling settings
 Government and corporate organizations
Objectives of a Redressal Mechanism
A good complaint procedure aims to:
✔ Ensure fairness and justice: Every complaint must be evaluated objectively.

✔ Provide a safe environment: Employees must feel safe to report wrongdoing without fear.

✔ Protect rights of both complainant and respondent: Principles of Natural Justice (hear both
sides, no bias) are followed.

✔ Ensure timely and effective resolution: Delays can worsen conflict and psychological distress.

✔ Prevent future misconduct: Findings often lead to policy improvements.

Key Features of an Effective Complaint Procedure
1. Accessibility: Employees know where and how to submit complaints (email, portal, committee,
supervisor).
2. Confidentiality: Sensitive details are protected from unnecessary disclosure.
3. Transparency: Clear steps are communicated to both parties.
4. Neutrality: Handled by impartial officers or committees.
5. Protection from retaliation: No punishment for filing a genuine complaint.
6. Documentation: Records of all steps are maintained for accountability.
Psychological Aspects in Redressal Mechanisms
Since many complaints involve emotional distress, the process must be sensitive.
Mental health considerations:
 Trauma-informed interviewing
 Empathic communication
 Avoiding victim-blaming
 Ensuring safety and comfort during investigation
 Providing counseling or EAP (Employee Assistance Program)
 Supporting both complainant and respondent’s psychological well-being
Principles that Guide the Complaint Procedure

✔ Natural Justice
 Right to be heard
 No bias
 Evidence-based decisions

✔ Confidentiality: Protecting personal details of both sides.

✔ Non-retaliation: Complainants must not face punishment for speaking up.

✔ Timeliness: Delays harm fairness.

✔ Sensitivity: Especially in cases involving minors, harassment, mental health, or trauma.
Challenges in Complaint Redressal
 Fear of retaliation
 Power imbalance
 Organizational politics
 Lack of training of committee members
 Lack of trust in the system
 Delays in investigation
 Emotional trauma of complainant
Organizations must constantly work to make the system more supportive, transparent, and fair.
Importance of a Strong Redressal Mechanism
 Builds safe and healthy workplace culture
 Reduces conflict and grievances
 Enhances trust in management
 Ensures legal compliance
 Protects reputation
 Improves employee satisfaction and productivity
 Encourages ethical behavior

LEGAL ASPECTS OF PROFESSIONAL ETHICS

Professional ethics refers to the moral principles, values, and standards that guide behavior within
a profession.
Legal aspects of professional ethics refer to the laws, regulations, and enforceable standards that
govern professional conduct to ensure accountability, public safety, and justice.
While ethics are based on morality and professional guidelines, legal aspects make these
obligations enforceable and provide consequences when violated.
Difference Between Ethics and Law
Feature Ethics Law
Basis Morality, values, professional codes Statutes, acts, legislations
Enforceability By professional bodies By government & judiciary
Flexibility Evolving, context-dependent Rigid and codified
Consequences Reprimand, suspension Fine, penalty, imprisonment
Focus What is “right” What is “legal”
Professionals must follow both—because unethical behavior may be legal, but still harmful.
Why Legal Aspects Are Important in Professional Ethics

✔ Protects the client/public: Ensures safety, confidentiality, informed consent, non-

discrimination.

✔ Prevents exploitation: Especially when dealing with vulnerable groups: children, patients,
trauma survivors, disabled individuals.

✔ Ensures accountability: Professionals can be held responsible for harm, malpractice, or

misconduct.

✔ Builds trust: Clients trust professionals when guidelines & laws are followed.

✔ Guides decision-making: Provides objective standards to resolve complex ethical dilemmas.

Legal Duties of a Professional
Professionals are legally required to follow:
1. Duty of Care: Provide services with standard skill, competence, and diligence.
Failure = negligence.
2. Duty to Maintain Confidentiality
Except:
 Risk of harm (suicide/homicide)
 Abuse of minors (mandatory reporting)
 Court orders
 Public safety
Breaking confidentiality without reason = legal penalty.
3. Duty to Obtain Informed Consent
Before:
 Treatment
 Assessments
 Sharing data
 Using recordings
 Research participation
Without consent, the act becomes unlawful.
4. Duty to Avoid Dual Relationships
Law discourages:
 Sexual relationships with clients
  Financial exploitation
 Favoritism
 Blurred professional boundaries
This is punishable under disciplinary bodies.
5. Duty to Maintain Competence
Professionals must:
 Stay updated
 Avoid practicing outside their expertise
 Seek supervision when needed
Incompetence can result in lawsuits.
6. Duty to Document
Notes must be:
 Accurate
 Timely
 Secure
 Legally compliant
Records are legal evidence.
7. Duty to Report Certain Events
Legal mandatory reporting includes:
 Child sexual abuse (POCSO)
 Violence cases in hospitals
 Threats to self or others
Not reporting can lead to imprisonment.
Consequences of Violating Legal and Ethical Standards
Legal Consequences
 Civil lawsuits
 Compensation payment
 Criminal charges & imprisonment
 License suspension
 Loss of job
 Fines and penalties
Professional Consequences
 Loss of reputation
 Blacklisting from the profession
 Cancelled membership from professional bodies
 Ethical sanctions (warnings, retraining)
Psychological Consequences
 Stress
 Burnout
 Loss of confidence
 Damage to therapeutic relationships
Examples of Legal Violations in Professional Practice
 A counsellor reveals a client’s trauma history to a friend → Breach of confidentiality.
 A psychologist conducts IQ tests without license → Illegal practice.
 A teacher slaps a child → Criminal offense under JJ Act.
 A workplace fails to form an ICC for POSH complaints → Legal penalty.
 Therapist enters romantic relationship with client → Ethical & legal misconduct.