see attachment
Discussion board # 1
Please note that there are three posts needed to successfully complete the discussion board assignment. An initial post addressing the discussion board topic and two response posts to at least one other student
Initial post:
Includes one substantive initial post using at least two scholarly or professional references with accompanying in-text citations to support any paraphrased, summarized, or quoted material. (Within the last 3 to 5 years)
Your initial post should be at least 350 words.
Includes an open-ended, thought-provoking question posed to classmates.
Part I: If you were a part of an organization making the jump from local business to multinational corporation, what would your main concern be when drafting policies concerning the intellectual property of the organization?
Part II: Using the Case Study 12.2 Apple in China: Choosing Sides scenario in the textbook, discuss the questions listed below.
Did Apple violate any universal ethical standards described in this unit or required unit resources?
What ethical guidelines should companies follow when determining whether or not to obey local government regulations?
Response posts:
Includes at least two substantive responses that each include at least 1 scholarly, professional with accompanying in-text-citation to support any paraphrased, summarized, or quoted material.
responses should be at least 200 words.
Respond to post # 1 (BC)
Part One
A significant challenge for any company moving from doing business within the U.S. to operating as a multinational concern is the need to consider the variability of cultures around the globe, particularly in the country or countries where the U.S. is planning to do business. Regardless of whether or not the differences might be considered positive, they are destined to impact policies concerning the organization's intellectual property. Johnson (2020) notes that in the fifty years between the 1960s and the 2010s, U.S. company assets moved from primarily tangible to primarily intangible or intellectual assets. In light of that statistic, my main concern when drafting policies concerning the organization's intellectual property (I.P.) in the multinational domain would be methodologies for protection and remediation against cybercrime.
It is not much of a stretch to believe that hackers worldwide can access corporate networks to gain access to sensitive information about corporate clients, financial information, etc. Though that type of crime is known to exist, many are unaware that there is often little or nothing in place in the host country to remedy these cyberattacks. Because cultures and ethics vary, not all areas of the world value data privacy in the same way. While one country might have already established legislation providing protections and remediation for disputes regarding cybercrime, such policies could be in their infancy in another. For example, Noerhadi (2022) notes that in Indonesia, the government has not yet established remedies for cybercrime. The lack of an implemented policy in this area can make it difficult for foreign companies to have confidence when considering a significant investment in Indonesia.
This is not an issue isolated to Indonesia. The internet provides potential global access to data across the global knowledge economy whether or not a company is anticipating operations abroad. In making the leap to multinational operations, companies must contend with the possibility of I.P. cyber theft by foreign employees whose ethical value systems might differ to the extent that they do not consider taking and selling such property a significant ethical infraction. However, they also need to consider how I.P. cybercrimes are treated by the governments of the countries in which they are operating. If there is no system of laws to protect these assets, the multinational will likely be left with no way to address its grievances at the theft of its assets. Another way of looking at this issue is from the point of view of countries such as South Korea, where Kang et al. (2020) note that the government's support for I.P. protections helped pave the way for tremendous growth in patent applications and successes across multiple global markets. Had there been no protections and no way to remediate disputes regarding charges of cyber theft and disregard for I.P. ownership rights, companies such as Hyundai might still be struggling for global recognition and success.
Part Two
Apple might be accused of several universal ethical standards in removing the iPhone app HKmap.live from its app store. However, the company could easily be viewed as having to walk the line between those standards that would seek to have it support what might be described as the normative values of the country and those that are larger. By caving to the requirement that the app be removed, one immediate consequence was that individuals were restricted in their freedom of movement as they no longer determine how to avoid locations where protests or heavy police activity might make safe passage impossible, extend commute times, etc. Johnson (2020) describes the right to move freely in the context of The United Nations (U.N.) Universal Declaration of Human Rights which were enacted to defend human dignity regardless of nationality. Violating these rights is an ethical infringement because it denies the possibilities and value of each person. The firm also put aside the integrated social contracts theory (ISCT), which is defined by Johnson (2020) as those universal principles founded on moral absolutes, such as respect for individuals' dignity and fundamental rights. As the author notes, Apple has chosen to seek the enormous growth potential of the multi-billion-person Chinese market, though keenly aware of the oppressive nature of the leadership and its run-ins with those issues of oppression, including suicides among the workers in a subcontractor's factories who were forced to work many long hours of overtime with no pay. Apple's CEO, Tim Cook, seemed caught in the crosshairs of violating ethical and moral standards in both directions while also being deeply concerned with the growth potential for its products (with performance lagging behind its Chinese counterparts) and shareholder value. Though most shareholders might laud the decision to reinstate the app (after all, investments are typically made for increased growth potential, share value, and dividends), the app should never have been removed. By removing the app, Apple acquiesced to a request from the Chinese government, which the firm knew to be a repressive regime that had been repeatedly called to task for human rights violations at the same time that China was making Hong Kong citizens feel unsafe.
There are moments in a corporation's history when the higher moral standard must be what the organization's leadership intrinsically knows to be right and wrong. Though there are times when a company might feel a sense of extreme ethical conflict, Johnson (2020) notes that when the normal and values of the country in which a company is operating conflict with those of the business, the company can base its decision on the HKH model of ethical practices. With six questions for consideration, the model allows company leadership to question whether human rights and justice principles are violated. In those situations, there is no need to look further, nor is there a need to reflect on whether the firm and its actions might be considered ethnocentric, less than cosmopolitan, etc. When a firm's leadership knows that it is making a decision within the context of the norms of larger communities of interest, such as the opposition to slavery and oppression held by most Western and European cultures, then it doesn't need to look further. The company and its leadership can be confident that its actions to obey or disobey local government regulations are consistent with the larger community of appropriate ethical and moral guidelines.
Question for my classmates: Have you, or a company you worked for, had to make a decision that intersected ethical values and corporate profitability (i.e., shareholder needs)? If so, do you think the decision was made based on ethics or profits, and was that decision ultimately judged as positive or negative by employees, shareholders, and stakeholders?
Respond to post # 2 (CPW)
Part I: When drafting policies concerning an organization's intellectual property transitioning from a local business to a multinational corporation, my main concern would be ensuring the protection and security of our intellectual assets. As the organization expands globally, it becomes more susceptible to intellectual property theft, infringement, and unauthorized use. Therefore, it is crucial to establish firm policies that safeguard our innovative ideas, designs, technologies, trademarks, and copyrights.
To address this concern, the following considerations should be taken into account:
1. Comprehensive IP Policy: Developing a detailed policy that outlines the organization's IP rights, procedures for registration, maintenance, and enforcement of intellectual property, as well as guidelines for employees on handling confidential information and trade secrets. This policy should cover all aspects of IP, including patents, trademarks, copyrights, and trade secrets (Johnson, 2022).
2. Confidentiality Agreements: Implementing robust confidentiality agreements for employees, contractors, and partners, clearly defining their responsibilities in protecting and not disclosing any proprietary information or trade secrets during and after their association with the organization.
3. Education and Training: Conduct regular training sessions to educate employees about intellectual property rights, the importance of safeguarding them, and the potential risks associated with IP infringement. This will help increase awareness and encourage employees to protect the organization's intellectual property.
4. Monitoring and Enforcement: Implement measures to monitor and detect potential IP violations, including setting up internal review processes, conducting audits, and utilizing technology tools for IP surveillance. Swift and consistent enforcement actions should be taken against any infringement identified through legal channels or negotiations with the involved parties.
5. International IP Laws: Familiarizing the organization with the intellectual property laws of the countries where it operates or intends to expand. Understanding these laws, regulations, and processes related to IP protection will allow the organization to adapt its policies and procedures accordingly to comply with local regulations (Kundro & Nurmohamed, 2021).
By prioritizing intellectual property protection in the early stages of the organization's transition to a multinational corporation, we can create a solid foundation for growth and success while minimizing the risk of IP theft and infringement.
Part II: In Case Study 12.2, "Apple in China: Choosing Sides," Apple's actions did not violate any universal ethical standards described in this unit or required unit resources. The case study involves Apple's compliance with Chinese government regulations regarding the operation of its App Store in China. By removing certain VPN apps from its platform, Apple complied with the Chinese government's requirements, including internet access restrictions and censorship.
In determining whether to obey local government regulations, companies should adhere to the following ethical guidelines:
1. Respect for Local Laws: Companies should recognize the sovereignty and authority of the local government in the countries where they operate. Respecting and complying with local laws is essential for building good relationships with local authorities and maintaining ethical conduct.
2. Human Rights and Freedom of Expression: While respecting local laws, companies must also consider the universal ethical standards of human rights and freedom of expression. They should be cautious in their compliance with regulations that may infringe upon these fundamental rights and strive to find a balance between respecting local laws and maintaining ethical practices.
3. Transparency and Engagement: Companies should maintain transparency and actively engage with stakeholders, including local communities, customers, and human rights organizations. This transparency will enable them to evaluate the potential ethical implications of complying with local regulations and involve stakeholders in decision-making whenever possible.
4. Continual Assessment and Improvement: Companies should regularly assess the ethical implications of their operations, especially in regions where government regulations may conflict with human rights principles. Through self-assessment and engagement with ethical experts, companies can identify areas of improvement and implement measures to uphold ethical standards while navigating local regulations (Fielding-Miller et al., 2022).
In conclusion, companies should respect local laws while balancing universal ethical standards when determining whether to obey local government regulations. By considering the above ethical guidelines and engaging in transparent practices, companies can navigate complex situations and make informed decisions that align with local laws and moral principles.
As a thought-provoking question for my classmates, I would ask: How do you think multinational corporations can balance respecting local laws and upholding universal ethical standards in countries where regulations may conflict with human rights principles?
