Business Conduct Ethics - modec

Intellectual PropertyWe have an obligation to identify and protectthe intellectual property, trade secrets andother confidential information owned byMODEC and our business partners. Doing sois critical to our success.Intellectual Property or IP refers to patentedor potentially patentable inventions,trademarks, service marks, trade names,copyrightable subject matter, and tradesecrets. We must all be aware of and complywith MODEC procedures necessary tosafeguard these assets, including complyingwith any agreement relating to IP as wellas confidentiality agreements. In additionto protecting MODEC’s own intellectualproperty rights, MODEC respects the validintellectual property rights of others.MODEC prohibits Employees from bringingor using the intellectual properties oftheir former employers or others withouttheir express authorization. You must notencourage others to violate their obligationsto protect the confidentiality of their currentor former employer’s proprietary information.Gathering Business IntelligenceInformation about competitors is a valuableasset in today’s competitive businessenvironment. When collecting businessintelligence, Employees and others who areworking on our behalf must always abide bythe highest ethical standards.Never engage in fraud, misrepresentation,or deception to obtain information or useinvasive technology to “spy” on others. Becareful when accepting information fromthird parties, know and trust their sources,and be sure that the knowledge they provideis not protected by trade secret laws ornon-disclosure or confidentiality agreements.While MODEC employs former employees ofcompetitors, we recognize and respect theobligations of those Employees not to use ordisclose the confidential information of theirformer employers.QUESTION: One of our newemployees recently joined MODECfrom a competitor. He has informationfrom his former employer, and hesays he plans to use it to MODEC’sadvantage. Is this OK? This info wouldbe valuable to us. If it isn’t allowed,can I do some of my own ‘detectivework’ and try to find the information?ANSWER: No. If an employeeretains competitor information,this can result in legal action by thecompetitor. While MODEC employsformer employees of competitors,we recognize and respect theobligations of those employees notto use or disclose the confidentialinformation of their former employers.We must never engage in fraud,misrepresentation, or deception toobtain information. Nor should we useinvasive technology to “spy” on others.Care should be taken when acceptinginformation from third parties. Youshould know and trust their sources,and be sure that the knowledge theyprovide is not protected by tradesecret laws or non-disclosure orconfidentiality agreements.Additional Resourcesfor More InformationFor more information on confidentialinformation, talk to the appropriate memberof management.21