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Elements and Performance Criteria

  1. Identify the need for protection of innovative designs
  2. Identify and initiate application for protection of innovative designs
  3. Monitor the market and protect and use registered design

Required Skills

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 Australias 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

Evidence Required

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 organisations 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 BSB including other units relating to intellectual property

other units from BSB07 including other units relating to intellectual property


Range Statement

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