Application
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.
Elements and Performance Criteria
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 |
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1-1.4, 1.6, 2.1, 2.2, 2.4, 3.1, 3.3, 3.4, 3.5, 3.7 | Monitors and reviews organisational policies and procedures to ensure compliance with legislative requirements Researches and analyses complex text including legislation to identify relevant information |
Writing | 1.1, 1.3, 1.5, 1.6, 2.5, 3.2, 3.4, 3.5, 3.7 | Summarises research findings relevant to the organisation Records and maintains information and conveys details in accordance with requirements using appropriate terminology and grammatical structure |
Oral Communication | 2.5, 3.4 | Uses clear language to provide information or explain requirements Uses listening and questioning techniques to obtain expert advice and clarify understanding |
Navigate the world of work | 1.2, 1.4, 3.1, 3.3, 3.6, 3.7 | Recognises and follows explicit and implicit protocols and meets expectations associated with own role Monitors and reviews organisational policies and procedures to identify required amendments and ensure compliance with relevant legislation |
Interact with others | 2.5, 3.4 | Selects and uses the appropriate form and mode of communication for a specific purpose and audience Collaborates with others to achieve joint outcomes |
Get the work done | 1.1-1.6, 2.1-2.5, 3.1, 3.2, 3.4, 3.5, 3.6 | Plans and implements tasks according to required procedures and processes Uses systematic, analytical processes to gather information, evaluate options and decide on actions Recognises and anticipates an increasing range of familiar problems, actively looking for infringements and implementing required actions Use digital systems and tools to access information |
Sectors
Regulation, Licensing and Risk – Intellectual Property