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An article titled "Should
scientists be held accountable if their predictions are wrong?" recently
caught my eye. We rely on engineers to
design buildings and scientists to produce safe medication.
I'm going to pause
here for a minute and say I'm not taking a stance on being for or against
lawsuits of this nature - just sharing some information that I found while
researching the topic of legal services.
In 2012, the Corps of Engineers was found not liable for
Katrina damage caused by levy failure (CNN). This
was a reversal of a previous decision.
Still, some of those that followed the Katrina lawsuits were
wary of helping Sandy victims (CRAIN'S
New York Business). Architects and
engineers were hesitant to assess storm-damaged properties because they were
afraid of the possibility of litigation.
They aren't protected under Good Samaritan laws (like doctors who aren't
usually attacked if someone dies under their care in an emergency situation).
It doesn't stop there - we rely on developers to create safe,
secure software. Remember that loooooong list of jargon you scan over in a
hurry to click the 'Accept' button and install your software? According to TechRepublic, by clicking that
button you might be signing away your right to sue the developer.
It's good for engineers to know what they could be liable
for and how to protect themselves and their businesses.
Types of Law
Two types of law are commonly seen in the engineering
world: corporate law and intellectual
property law. A third type, criminal
law, is one that most of us don't wish to encounter! (Admiralty/maritime law, environmental law,
and health care law might also come into play in some engineering settings.)
Corporate Law
The work of a corporate lawyer is related to the formation,
operation, and dissolution of corporations. A corporate lawyer is
responsible for helping to protect industry and commerce. Areas related
to corporate law include:
- Articles of incorporation
- Contracts
- Taxes
- Securities and antitrust
- Licensing
- Zoning
- Intellectual property
- Labor, employment, and immigration
- Bankruptcy
Intellectual Property
Law
Intangible assets such as discoveries, inventions,
words, phrases, symbols, designs, and literary, musical, and artistic works can
be protected by obtaining exclusive rights. Intellectual property lawyers
acquire and enforce such protection. Intellectual property can be
protected with patents, trademarks, and copyrights.
- A patent gives exclusive rights to an inventor
or assignee for a limited time period after details about the object are
publicly filed. The term "patent pending" warns potential infringers
that an application is in
process. In the United States patents are issued by the Patent and
Trademark Office (PTO), an agency of the U.S. Department of Commerce, which
issued its 8,000,000th patent in 2011.
- A trademark is a brand name and may consist of a
word, name, symbol, or device used to distinguish an organization's products or
services. It is indicated by the use of one of three symbols: TM or ®.
- Copyright gives a creator the exclusive right to
limit others from copying the work for a limited period of time. A copyright t
is a personal property that can be willingly passed, bought, or sold by the
owner. The copyright notice may be indicated by a symbol ©, the word
"Copyright" or the abbreviation "Copr."
Criminal Law
A criminal lawyer defends or prosecutes those who have
committed crimes. There are serious potential consequences for a person
accused of committing a crime.
Read
more about legal services on IHS GlobalSpec.
References:
Santa Clara
University - Who Should Pay? The Product Liability Debate
TechRepublic
- Should developers be sued for security holes?
USPTO
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Re: Engineering and the Law
"Almost" Good Answers: