Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

BSBIPR405A Mapping and Delivery Guide
Protect and use intangible assets in small business

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency BSBIPR405A - Protect and use intangible assets in small business
Description This unit describes the performance outcomes, skills and knowledge required to effectively protect and exploit the intellectual property of a small business. It focuses on identifying and valuing intangible assets, implementing measures to protect and commercialise these assets as well avoiding the infringement of others' intellectual property rights.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to individuals who either operate a small business or who are investigating the establishment of a small business. It particularly applies to small businesses that have intangible assets with market value which require protection, and which can be used to improve business performance.Intangible assets refer to assets which may be protected under a range of intellectual property legislation, including patents, trade marks, designs and copyright, as well as protection under other techniques, such as common or contract law.This unit encourages small business owners to seek expert advice from intellectual property professionals when required for the protection of intellectual property.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field Regulation, Licensing and Risk - Intellectual Property
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Identify and value intangible assets which are key to the small business
  • Identify intangible assets, which are a key to the ongoing success of the small business, through an intellectual property audit
  • Research appropriate sources of information and advice for protecting and effectively exploiting the small business's intangible assets, and seek professional advice when required
  • Value intangible assets so they can be incorporated into the business plan and risk assessment strategy
       
Element: Identify and select types of protection available for intangible assets
  • Identify the types of protection for intangible assets, including registered and unregistered protection
  • Identify relevant legislative requirements in relation to the proper use and protection of intangible assets
  • Calculate the likely costs, risks and benefits of potential types of protection available
  • Assess organisational requirements, and balance costs and benefits to select the most appropriate methods to protect and use intangible assets
       
Element: Implement appropriate protection for intangible assets
  • Ensure all employees, partners and directors are aware of the importance to the small business of protection of intangible assets
  • Implement confidentiality agreements if appropriate with employees and others who might have access to commercially sensitive information
  • Search appropriate databases and other resources to determine whether the small business's intangible assets are original, to avoid infringement of the intangible assets of others
  • Follow procedures to protect intangible assets according to the type of protection required, using appropriate intellectual property professionals
  • Develop and implement processes for detecting and defending infringements against the small business's intangible assets
  • Monitor the market for possible infringements of protection of intangible assets and take appropriate action if required
       
Element: Develop and implement processes to avoid infringement of the rights of others
  • Develop and implement processes so that the small business does not infringe others' intellectual property rights
  • Ensure all employees are aware of and understand the importance of avoiding the infringement of others' intellectual property rights
       
Element: Use and commercialise the small business's and others' intangible assets
  • Identify options for exploiting and commercialising own intangible assets
  • Identify intellectual property of others that can legally be used by the small business for business advantage
  • Identify taxation, accounting and financial reporting requirements for any gains made from commercialisation of intangible assets
       


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 intangible assets

implementation of policies and procedures for the use, management and protection of intangible assets and legitimate use of others' intangible assets in a small business context

Context of and specific resources for assessment

Assessment must ensure:

access to a small business, either own, other or proposed, for exploration of intangible assets

access to relevant documentation, including explanatory materials 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 intellectual property and its implications for the organisation

development of action plans for implementation of intellectual property policies and procedures, and commercialisation of intangible assets

analysis of case studies around intellectual property issues, with recommendations for action

presentation to financial backers or others showing how intangible assets will be protected and commercialised

Guidance information for assessment

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

BSBSMB401A Establish legal and risk management requirements of small business

BSBSMB403A Market the small business

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, 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 and analytical skills to investigate and interpret relevant legal requirements in relation to protection of intangible assets

numeracy skills to understand the value of intangible assets

organisational skills to develop processes to protect, use and exploit intangible assets

communication skills to provide information to relevant personnel about intellectual property

Required knowledge

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

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.

Intangible assets may include:

brand

business name

customer/client list

computer systems software

confidential information

copyrights

core technology

database

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

Intellectual property audit refers to:

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

identifying products or services that are key to the small business

identifying intangible assets and the legal rights in relation to protection of the assets

understanding what market advantage these rights give the small business

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

Value may include:

using processes in accordance with accepted accounting standards and with the assistance of appropriate professionals:

calculating how much time would be required to develop these assets from scratch

estimating how much a competitor might pay to buy or use these assets

estimating how much of the organisation's profit is attributable to the assets

Business plan may include:

executive summary

objectives

description of the business

legal requirements, including intangible assets

selling and marketing strategy

research and development plan

production or operating strategies

ownership and management plan

funding strategy

financial plan

strengths, weaknesses, opportunities and threats, including intangible assets

Types of protection may include:

copyright

registered patents

registered and unregistered trade marks

registered company name, business name, domain name

registered designs

trade secrets

sui generis protection (e.g. plant breeders and circuit layouts)

moral rights

Registered protection refers to:

protection which occurs through the registration of the particular intangible assets, e.g. trade marks, patents and designs

Unregistered protection refers to:

protection which occurs automatically by law, without the need for registration, e.g., copyright, moral rights and common law trade marks

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

Confidentiality agreements may refer to:

an agreement between a party with confidential information and a party to whom that confidential information will be disclosed (e.g. potential partners and financial backers, employees) outlining conditions of the disclosure and permitted use of the information

Appropriate databases may include:

public registers of registered Australian and international patents, trade marks, designs and plant breeders' rights

Note: these may be accessed via IP Australia's website or through use of a commercial search company or patent and trade mark attorney

Others' intellectual property rights may be infringed through unlicensed use of:

brands, logos, packaging, colours

domain names, business and company names

inventions, innovations, business methods

designs

content, e.g. photos, text, images

software

music

film

technology in new invention

Commercialising intangible assets may include:

franchising

licensing

selling off business and/or processes, inventions, brands, etc.

manufacturing

Gains may include:

proceeds from:

sales

franchising

licensing

use of the intellectual property or associated products

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
Identify intangible assets, which are a key to the ongoing success of the small business, through an intellectual property audit 
Research appropriate sources of information and advice for protecting and effectively exploiting the small business's intangible assets, and seek professional advice when required 
Value intangible assets so they can be incorporated into the business plan and risk assessment strategy 
Identify the types of protection for intangible assets, including registered and unregistered protection 
Identify relevant legislative requirements in relation to the proper use and protection of intangible assets 
Calculate the likely costs, risks and benefits of potential types of protection available 
Assess organisational requirements, and balance costs and benefits to select the most appropriate methods to protect and use intangible assets 
Ensure all employees, partners and directors are aware of the importance to the small business of protection of intangible assets 
Implement confidentiality agreements if appropriate with employees and others who might have access to commercially sensitive information 
Search appropriate databases and other resources to determine whether the small business's intangible assets are original, to avoid infringement of the intangible assets of others 
Follow procedures to protect intangible assets according to the type of protection required, using appropriate intellectual property professionals 
Develop and implement processes for detecting and defending infringements against the small business's intangible assets 
Monitor the market for possible infringements of protection of intangible assets and take appropriate action if required 
Develop and implement processes so that the small business does not infringe others' intellectual property rights 
Ensure all employees are aware of and understand the importance of avoiding the infringement of others' intellectual property rights 
Identify options for exploiting and commercialising own intangible assets 
Identify intellectual property of others that can legally be used by the small business for business advantage 
Identify taxation, accounting and financial reporting requirements for any gains made from commercialisation of intangible assets 

Forms

Assessment Cover Sheet

BSBIPR405A - Protect and use intangible assets in small business
Assessment task 1: [title]

Student name:

Student ID:

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

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

BSBIPR405A - Protect and use intangible assets in small business

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

Assessor name:

Signature:

Date:

Student signature:

Date: