The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential:

identification of the different types of intellectual property within the organisation

identification, use and/or maintenance of an organisation's intellectual property policies and procedures

identification of potential non-compliance issues in an organisation

Context of and specific resources for assessment

Assessment must ensure:

access to relevant information about an organisation's intellectual property policies and procedures if applicable, or opportunity to contribute to the development of the policies and procedures

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

direct questioning combined with review of a portfolio of evidence

oral or written presentation to stakeholders outlining the organisation's approach to intellectual property protection and infringement avoidance

analysis of case studies identifying potential intellectual property issues and proposed actions

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

other administrative units from BSB07

Required skills

communication skills to provide information to relevant personnel about intellectual property

problem solving skills to identify intellectual property compliance issues

literacy skills to read and interpret procedures and other relevant documentation

Required knowledge

basic knowledge of types of intellectual property and the key characteristics of each

relevant organisational policies and procedures in relation to intellectual property

the range of intellectual property residing with the organisation

basic knowledge of relevant legislative requirements as they apply to the job role

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Intellectual property refers to:

the output of the mind or intellect rather than tangible objects. It includes:

copyright

trade marks

patents

designs

plant breeder's rights

circuit layout rights

confidential information/trade secrets

Policies, procedures and information may include:

intellectual property policy

licensing agreements

procedures for ensuring copyright protection

procedures for registering intellectual property rights

register of intellectual property assets

Own role may include:

checking that other areas of the organisation are compliant

communicating policy and procedure changes to others

ensuring fees are paid

entering data as it arises

updating schedules and documents as requested e.g. register of intellectual property

keeping up to date with intellectual property issues through subscriptions to intellectual property services, e.g. IP Australia News Alert

Infringement refers to:

deliberate or inadvertent misuse or non-compliance with legislation, regulation, policy, codes of conduct etc. in relation to intellectual property

Internal and external stakeholders may include:

internal stakeholders:

other people within the organisation who may be affected by intellectual property, e.g. designers, writers, trainers, marketing staff, researchers whose efforts may produce intellectual property

all employees, who need to be aware of the importance of, and procedures for, intellectual property protection and avoidance of intellectual property infringement

external stakeholders:

contractors

service providers

Protection and use may include:

copyright for original works under the Copyright Act 1968

patents for inventions and innovations under the Patents Act 1990

protection from misleading packaging, advertising, misuse of power in the marketplace etc. under the Trade Practices Act 1974

registration of business names under Business Names legislation

registration of trade marks under the Trade Marks Act 1995

registration of new or original designs under the Designs Act 2003

registration of domain names

licences, agreements or other instruments for the protection or use of intellectual property

Potential problems may include:

changes to legislation or regulations

aspects of intellectual property not covered by existing procedures

fees not paid by own or external organisation

out of date communication about intellectual property within organisation

expiry of protection period

inappropriate or illegal use of someone else's intellectual property

Appropriate personnel may include:

manager

supervisor

person in organisation designated as responsible for intellectual property

Non-compliance issues may include:

required fees not being paid, both to or from another body, e.g. for a licence agreement or for renewal of registered rights

material being copied by other employees, e.g. from the internet or copying software, which could have potential copyright issues

evidence of unlawful access to computer files

marketing material being produced using images and other material which could breach copyright

unlawful use of music or sound recordings

Actions may include:

reporting non-compliance issues to supervisor

taking administrative action within job role, e.g. paying relevant fees

ensuring a copyright notice is placed on all publications (e.g. the copyright symbol ©, name of the copyright owner, year of creation or first publication)