Assessor Resource

BSBIPR404A
Protect and use innovative designs

Assessment tool

Version 1.0
Issue Date: April 2024


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

This unit describes the performance outcomes, skills and knowledge required to protect the appearance or look of manufactured or hand made 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.

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

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

Employability Skills

This unit contains employability skills.



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.

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 issues for the use, management and protection of innovative designs

implementation of policies and procedures for the use, management and protection of innovative designs and legitimate use of others' designs

Context of and specific resources for assessment

Assessment must ensure:

access to relevant information on the individual or organisation's innovative design protection requirements and procedures

access to reliable and appropriate explanatory material and guidelines

access to appropriate computer resources for establishment and maintenance of 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 portfolio of evidence

oral or written questioning to assess knowledge of protection of innovative designs and its implications for the organisation

development of action plans for implementation of policies and procedures for the protection of innovative designs, and commercialisation of innovative designs

analysis of case studies ofissues about protection of innovative designs, with recommendations for action

Guidance information for assessment

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

other units from BSB07 including other units relating to intellectual property

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.

Required skills

research skills to identify rules governing design registration and search databases

analytical skills to identify commercial potential of innovative designs and their registration applicability

literacy skills tointerpret IP Australia's design registration procedures and contribute to an innovative design protection application

problem solving skills to act on potential infringement issues

Required knowledge

application guidelines, formats and procedures to protect innovative designs

overview of relevant legislation concerning designs, including the overlap of intellectual property rights between design protection and copyright

sources of information and advice about protection of designs

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.

Registrable design refers to:

the appearance or look of a manufactured or hand made article that is:

new and distinctive

not substantially similar in overall impression to designs in the prior art

distinctive in the view of the Informed User

not used or shown in public before first application

design protection may not be appropriate to protect:

how a product works or functions

items that are primarily artistic or literary in nature

Exclusive rights are defined as:

the right to prevent others from making, using and exploiting a design for a product, in relation to which the design is registered, for a specified period of time

exclusive rights are limited in the following ways:

infringement may not occur if the design is used on a product outside of the scope to that for which the design was registered

certain repairs may not infringe the design where the product is a component part of a complex product

protection does not cover the design features if only the idea of the general functional features are copied, as a product's function cannot be protected under design

protection does not cover the underlying idea of the design, only the actual design

Legislative requirements refer to:

Designs Act 2003

Design Regulations

Copyright Act 1968

Prior art is defined as:

all information in the public domain relating to previous designs that may impact on the design's originality

Non-registrable protection may include:

trade secrets

confidentiality agreements and non-disclosure agreements

Commercialisation potential may include:

licensing the design to third parties for a fee or under certain conditions

profiting from the manufacture and sale of a registered design

Sources of information and advice include:

IP Australia

Attorney-General's Department

Australian Copyright Council

State and Commonwealth government agencies

lawyers specialising in intellectual property

trade mark attorneys and patent attorneys

accountants

business advisors

marketing consultants

branding consultants

copyright collecting societies, eg CAL, PPCA, MIPI, APRA, AMCOS

publications

websites, Internet

design databases

Processes may include:

reviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the design before application for registration is lodged so as to keep the design secret

carrying out searches on relevant databases including:

bibliographic and pictorial searches on IP Australia's website

pictorial or representation searches in the public domain

drafting a completed application form

preparing copies of representations of the design in relation to a product

the application process may also include, if desired or requested:

requesting an examination

considering the value of a Statement of Newness and Distinctiveness to identify particular visual features of the design as new and distinctive

responding to any adverse findings the Registrar of Designs may identify during the examination process

considering any material submitted by a third party to dispute the Newness and Distinctiveness of the design

International design registration may include:

filing for design registration with the relevant offices of a foreign country

Signatory states to the international convention for design protection allow for the priority date assigned to the design in Australia to be obtained internationally if applied for within six months of lodgement in Australia

Maintain protection may include:

keeping track of registration expiration dates

applying for renewal of registration

Monitoring may include:

observing the activities of competitors

scanning the market for potential design infringements

regular or ad-hoc searching of design applications and/or registrations locally or internationally

Legal measures may include:

seeking legal advice from an appropriate professional

requesting examination of suspected infringements

bringing infringement proceedings against a party

suing a party who has imported any infringing designs into Australia

suing a party who has sold, or offered for sale, any product infringing their rights in the design

implementing other business, regulatory or market strategies within legal means

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 
Research prior art 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 organisation 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 that 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 organisation policies and procedures to ensure all employees respect the work of other designers in fair and open competition 

Forms

Assessment Cover Sheet

BSBIPR404A - 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

BSBIPR404A - Protect and use innovative designs

Student name:

Student ID:

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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