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Elements and Performance Criteria

  1. Identify the organisation's intellectual property assets and rights
  2. Create a strategy to manage the organisation's intellectual property
  3. Monitor and maintain organisational strategies for the protection and use of intellectual property
  4. Manage the commercialisation of the organisation's intellectual property to ensure business growth

Required Skills

Required skills

communication and analytical skills to conduct audits and make recommendations for compliance and commercialisation of intellectual property

interpersonal skills to foster a positive culture of compliance within the organisation

marketing skills to contribute to the commercialisation of the organisations intellectual property

problem solving skills to address intellectual property compliance issues

research skills to find and interpret relevant legislation in relation to the particular types of intellectual property

Required knowledge

types of intellectual property protection and time restraints on protection

relevant legislation and regulations relating to intellectual property rights

potential sources of information and advice about intellectual property

business and marketing advantages of intellectual property protection

strategic and business planning

options for commercialisation

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 the types of intellectual property within the organisation and the relevant legislation protecting them

establishment or review of strategies policies and procedures for the management and use of own and others intellectual property

identification of commercialisation potential of an organisations intellectual property

Context of and specific resources for assessment

Assessment must ensure

access to relevant organisational strategies policies and procedures or access to information to allow for the design of these policies and procedures

access to relevant legislation and regulations as they relate to intellectual property

access to appropriate computer resources for online search and report preparation

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

analysis of data collected on intangible assets and their compliance requirements within an organisation

direct questioning combined with review of portfolio of evidence and third party workplace reports of onthejob performance by the candidate to demonstrate the establishment of strategies policies and procedures to manage an organisations intellectual property

third party reports to demonstrate how the candidate promoted a culture of respect for the intellectual property of others

presentation to appropriate personnel on the commercialisation of a range of intellectual property within the organisation

oral or written questioning about relevant legislation as it relates to the organisations intellectual property

Guidance information for assessment

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

BSBRSKA Manage risk

BSBRSK501A Manage risk

other management units from BSB


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.

Intangible assets may include:

brand

business name

customer/client list

computer systems software

confidential information

copyrights

core technology

database/customer list

design

distribution agreements

domain name

employees' specialist knowledge

goodwill

ideas

innovation

invention

logo

packaging

patent

practical application of a good idea

process

product

promotional materials

secret recipe, process, formula

standard of service/unique service technique

trade mark

trade secret

training manuals

Sections of the organisation may include:

any section of the organisation that creates products or services that may be protected by intellectual property rights, or that is responsible for the management of intellectual property, including:

design department

marketing department

research and development department

product development group

human resource department

production, administration or service delivery

legal services unit

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

Intellectual property rights may refer to:

the exclusive rights associated with the relevant intangible asset

the right to prevent use by others of the intangible asset

Legislative requirements may include:

Business Names legislation

Copyright Act 1968

Designs Act 2003

Patents Act 1990

Trade Marks Act 1995

Trade Practices Act 1974 and State/Territory fair trading legislation

Sources of information and advice may 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, e.g. CAL, PPCA, MIPI, APRA, AMCOS

publications

websites, Internet

databases, e.g. local and international trade mark databases

Intellectual property audit may involve:

a systematic review of the intellectual property owned, used or acquired by a person or organisation, including:

products or services that are key to the organisation

intangible assets and the legal rights that constitute them in relation to the goods or services

what market advantage these rights give the organisation

rights under which the organisation uses intellectual property

gaps or weaknesses in the organisation's intellectual property and rights

the valuation and recording of such intangible assets in accordance with accepted accounting standards

Intangible assets refer to:

registered forms of intellectual property, such as patents and trade marks

unregistrable forms of intellectual property, such as copyright, client lists, know how, staff and training programs

Strategies may include:

preparation of employer, contractor and supplier contracts which protect the organisation's intellectual property, so that:

the organisation's intellectual property is not introduced into other organisations

ownership of the intellectual property is established, e.g. external contractors designing training materials for an organisation

licensing, assignment or transfer of the organisation's intellectual property to other parties for the benefit of the organisation or its stakeholders

conducting appropriate clearance searches and investigations

Documentation may include:

deeds

registration certificates

licence agreements

contract and end user licence agreements

employment contracts

Infringement occurs when:

someone consciously or inadvertently uses another party's intellectual property without their permission

Compliance is important to:

identify and where necessary take action to prevent breaches of laws and regulations in relation to intellectual property, to:

avoid costly legal decisions

be a good corporate citizen

Commercialisation may include:

utilising intellectual property with the aim of producing financial or other commercial gain, and/or public benefit, including:

adapting

applying

assigning

copying

developing

licensing

making

publishing

selling

using