Assessor Resource

BSBIPR404
Protect and use innovative designs

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills and knowledge required to protect the appearance or look of manufactured or handmade articles as registered designs. It covers identifying the need for protection, the process of design registration, monitoring and protecting registered designs, and using registered designs commercially.

It applies to individuals and organisations who are involved in creating industrial or fashion designs across a variety of work environments.

No licensing, legislative or certification requirements apply to this unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Identify the need for protection of innovative designs

1.1 Research what constitutes a registrable design and what exclusive rights are obtained through registration

1.2 Identify legislative requirements governing design registration

1.3 Conduct research to determine what has already been published or registered in the area of design

1.4 Assess whether copyright provides protection and determine adequacy of non-registrable protection

1.5 Identify innovative designs within own organisation with commercial potential

1.6 Evaluate and make recommendations for commercialisation potential of innovative designs

2 Identify and initiate application for protection of innovative designs

2.1 Identify sources of information and advice regarding protection of innovative designs

2.2 Evaluate the role of intellectual property professionals in the registration process

2.3 Identify processes required for the application for registration of a design

2.4 Identify process for international design registration

2.5 Participate in a design registration process and, if applicable, provide relevant information to an intellectual property professional

3 Monitor the market and protect and use registered design

3.1 Identify and review organisational policies and procedures to protect and use the organisation’s designs correctly

3.2 Identify and establish processes to use own and others’ registered designs for business growth

3.3 Ensure procedures are followed for the organisation to maintain innovative design protection

3.4 Ensure all employees are aware of the importance to the organisation of the protection of designs, and implement training if required

3.5 Monitor the market for possible infringements of registered designs

3.6 Pursue appropriate legal measures to protect designs against infringements, if required, using appropriate professional advice

3.7 Identify and review organisational policies and procedures to ensure all employees respect the work of other designers in fair and open competition

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Identify the need for protection of innovative designs

1.1 Research what constitutes a registrable design and what exclusive rights are obtained through registration

1.2 Identify legislative requirements governing design registration

1.3 Conduct research to determine what has already been published or registered in the area of design

1.4 Assess whether copyright provides protection and determine adequacy of non-registrable protection

1.5 Identify innovative designs within own organisation with commercial potential

1.6 Evaluate and make recommendations for commercialisation potential of innovative designs

2 Identify and initiate application for protection of innovative designs

2.1 Identify sources of information and advice regarding protection of innovative designs

2.2 Evaluate the role of intellectual property professionals in the registration process

2.3 Identify processes required for the application for registration of a design

2.4 Identify process for international design registration

2.5 Participate in a design registration process and, if applicable, provide relevant information to an intellectual property professional

3 Monitor the market and protect and use registered design

3.1 Identify and review organisational policies and procedures to protect and use the organisation’s designs correctly

3.2 Identify and establish processes to use own and others’ registered designs for business growth

3.3 Ensure procedures are followed for the organisation to maintain innovative design protection

3.4 Ensure all employees are aware of the importance to the organisation of the protection of designs, and implement training if required

3.5 Monitor the market for possible infringements of registered designs

3.6 Pursue appropriate legal measures to protect designs against infringements, if required, using appropriate professional advice

3.7 Identify and review organisational policies and procedures to ensure all employees respect the work of other designers in fair and open competition

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Research what constitutes a registrable design and what exclusive rights are obtained through registration 
Identify legislative requirements governing design registration 
Conduct research to determine what has already been published or registered in the area of design 
Assess whether copyright provides protection and determine adequacy of non-registrable protection 
Identify innovative designs within own organisation with commercial potential 
Evaluate and make recommendations for commercialisation potential of innovative designs 
Identify sources of information and advice regarding protection of innovative designs 
Evaluate the role of intellectual property professionals in the registration process 
Identify processes required for the application for registration of a design 
Identify process for international design registration 
Participate in a design registration process and, if applicable, provide relevant information to an intellectual property professional 
Identify and review organisational policies and procedures to protect and use the organisation’s designs correctly 
Identify and establish processes to use own and others’ registered designs for business growth 
Ensure procedures are followed for the organisation to maintain innovative design protection 
Ensure all employees are aware of the importance to the organisation of the protection of designs, and implement training if required 
Monitor the market for possible infringements of registered designs 
Pursue appropriate legal measures to protect designs against infringements, if required, using appropriate professional advice 
Identify and review organisational policies and procedures to ensure all employees respect the work of other designers in fair and open competition 

Forms

Assessment Cover Sheet

BSBIPR404 - Protect and use innovative designs
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

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Result: Competent Not yet competent

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Assessment Record Sheet

BSBIPR404 - Protect and use innovative designs

Student name:

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Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

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