This unit applies to directors or managers who take an active role in recognising and securing intangible assets which contribute to the organisation's profitability, productivity and market leadership. These managers and coordinators may work in a range of contexts and may have responsibility for managing people, systems or processes.

ELEMENT

PERFORMANCE CRITERIA

1. Evaluate approaches to the management of intellectual property

1.1. Analyse strategic and operational plans to determine intellectual property requirements

1.2. Identify sources of information and advice regarding approaches to the best practice management of intellectual property

1.3. Determine the implications and potential strategic advantage from protection of intellectual property

1.4. Determine the implications and potential strategic advantage from adopting a collaborative approach to intellectual property

1.5. Determine the implications and potential strategic advantage from adopting an open source approach to intellectual property

2. Establish a strategy for managing intellectual property

2.1. Develop an intellectual property strategy for management and use of own and others' intellectual property in line with the organisation's strategic goals or plans

2.2. Examine requirements and options for commercialisation or effective use of intellectual property

2.3. Establish required documentation for the management of the intellectual property strategy

2.4. Develop strategies for addressing intellectual property infringement

2.5. Ensure intellectual property strategy complies with legislative requirements and organisational policies

2.6. Communicate intellectual property strategy to key stakeholders within the organisation and externally

3. Evaluate proposed intellectual property strategy

3.1. Obtain legal and other professional advice regarding the proposed intellectual property management strategy

3.2. Identify and evaluate the benefits from the proposed intellectual property management strategy

3.3. Identify and evaluate the disadvantages, costs and risks of the proposed intellectual property management strategy

3.4. Adjust strategy according to legal advice and evaluation

3.5. Establish, document and present the business case for adopting the proposed intellectual property management strategy to senior management, directors and other key stakeholders

4. Implement and monitor the intellectual property management strategy

4.1. Work with others to ensure the implementation of the strategy

4.2. Monitor and evaluate the strategy and its implementation and report to senior management, directors and other key stakeholders

4.3. Make changes to strategy and its implementation as required

Required skills

communication skills to question, clarify and report on proposed strategy and develop any required documentation, such as licence agreements

financial and analytical skills to prepare a business case for the proposed strategy

information technology and research skills to find and interpret relevant information about intellectual property

conceptual skills to design an organisational strategy

demonstration of characteristics of responsible business practice and ethical behaviour

Required knowledge

types of intellectual property as they relate to the organisation

alternative strategies for the organisation's intellectual property

relevant legislation and regulations relating to the organisation's intellectual property rights

potential sources of information and advice about intellectual property

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 intellectual property rights appropriate to the types of intellectual property within the organisation and the relevant legislation

establishment of strategies for the management of intellectual property

feasibility study outlining alternative strategies, with risk analysis and cost-benefit analysis of each alternative

recommendations for and implementation of commercialisation of intellectual property

Context of and specific resources for assessment

Assessment must ensure:

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

access to appropriate computer resources for online search and report preparation

access to sources of information and advice

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 intellectual property strategy alternatives

direct questioning combined with review of portfolio of evidence and third party workplace reports of on-the-job performance by the candidate, to demonstrate the establishment of strategies to manage an organisation's intellectual property

presentation to appropriate personnel on the commercialisation of a range of intellectual property within the organisation, or the chosen intellectual property strategy

oral or written questioning about relevant legislation as it relates to the organisation's intellectual property strategy

Guidance information for assessment

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

other management units from BSB07

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.

Intellectual property refers to:

the output of the mind or intellect rather than tangible objects, including:

copyright

trade marks

patents

designs

plant breeder's rights

circuit layout rights

confidential information/trade secrets

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

St James Ethics Centre

accountants

business advisors

marketing consultants

branding consultants

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

publications

websites, Internet

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

Strategic advantage may refer to:

the relative standing against competitors in the global market place

the strategic benefit of the organisation's clients or stakeholders

Protection may include:

protection through a range of legislation, including:

Copyright Act 1968

Designs Act 2003

Patents Act 1990

Trade Marks Act 1995

Trade Practices Act 1975 and State/Territory free trading legislation

business names legislation

Collaborative approach may include working with:

specific partners

the industry, both nationally and internationally

Open source refers to:

the creative practice of appropriation and free sharing of found and created content

Intellectual property strategy may include:

an approach of:

protection

collaboration

open source

mix of the above

developing a global intellectual property strategy

links to:

risk management strategy

business and marketing plans

organisational training needs

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

Documentation may include:

documented portfolio of intangible assets

intellectual property agreements or licences register

policies and procedures

Strategies for addressing intellectual property infringement may involve:

identifying threats to the organisation from intellectual property infringement

determining the cost of litigation or other actions against intellectual property infringement

determining the impact of intellectual property infringement

establishing a business case for the intellectual property infringement strategy

licensing intellectual property on negotiated terms

Infringement occurs when:

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

Business case consists of:

a feasibility study with a cost-benefit analysis

Implementation may include:

overseeing the:

development of policies and procedures around the strategy

development of a communication strategy for internal and external stakeholders

development of information sessions and training around relevant aspects of intellectual property

development of required documentation, e.g. licence agreements

negotiation of use of own and/or others' intellectual property

Monitoring may include:

consulting key stakeholders to provide feedback on the strategy

reviewing documentation in relation to the strategy, eg licence agreements or sharing arrangements

analysing profit from commercialisation of intangible assets

reviewing any potential or real infringements of intellectual property which could have an impact on the organisation

reporting of implementation of the strategy and its variation to the intended strategy

applying corrective action where required

Unit sector

Regulation, Licensing and Risk - Intellectual Property

This unit contains employability skills.