NTISthis.com

Evidence Guide: BSBIPR405A - Protect and use intangible assets in small business

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

BSBIPR405A - Protect and use intangible assets in small business

What evidence can you provide to prove your understanding of each of the following citeria?

Identify and value intangible assets which are key to the small business

  1. Identify intangible assets, which are a key to the ongoing success of the small business, through an intellectual property audit
  2. Research appropriate sources of information and advice for protecting and effectively exploiting the small business's intangible assets, and seek professional advice when required
  3. Value intangible assets so they can be incorporated into the business plan and risk assessment strategy
Identify intangible assets, which are a key to the ongoing success of the small business, through an intellectual property audit

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Research appropriate sources of information and advice for protecting and effectively exploiting the small business's intangible assets, and seek professional advice when required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Value intangible assets so they can be incorporated into the business plan and risk assessment strategy

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and select types of protection available for intangible assets

  1. Identify the types of protection for intangible assets, including registered and unregistered protection
  2. Identify relevant legislative requirements in relation to the proper use and protection of intangible assets
  3. Calculate the likely costs, risks and benefits of potential types of protection available
  4. Assess organisational requirements, and balance costs and benefits to select the most appropriate methods to protect and use intangible assets
Identify the types of protection for intangible assets, including registered and unregistered protection

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify relevant legislative requirements in relation to the proper use and protection of intangible assets

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Calculate the likely costs, risks and benefits of potential types of protection available

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess organisational requirements, and balance costs and benefits to select the most appropriate methods to protect and use intangible assets

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Implement appropriate protection for intangible assets

  1. Ensure all employees, partners and directors are aware of the importance to the small business of protection of intangible assets
  2. Implement confidentiality agreements if appropriate with employees and others who might have access to commercially sensitive information
  3. 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
  4. Follow procedures to protect intangible assets according to the type of protection required, using appropriate intellectual property professionals
  5. Develop and implement processes for detecting and defending infringements against the small business's intangible assets
  6. Monitor the market for possible infringements of protection of intangible assets and take appropriate action if required
Ensure all employees, partners and directors are aware of the importance to the small business of protection of intangible assets

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Implement confidentiality agreements if appropriate with employees and others who might have access to commercially sensitive information

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Follow procedures to protect intangible assets according to the type of protection required, using appropriate intellectual property professionals

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Develop and implement processes for detecting and defending infringements against the small business's intangible assets

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Monitor the market for possible infringements of protection of intangible assets and take appropriate action if required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Develop and implement processes to avoid infringement of the rights of others

  1. Develop and implement processes so that the small business does not infringe others' intellectual property rights
  2. Ensure all employees are aware of and understand the importance of avoiding the infringement of others' intellectual property rights
Develop and implement processes so that the small business does not infringe others' intellectual property rights

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure all employees are aware of and understand the importance of avoiding the infringement of others' intellectual property rights

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use and commercialise the small business's and others' intangible assets

  1. Identify options for exploiting and commercialising own intangible assets
  2. Identify intellectual property of others that can legally be used by the small business for business advantage
  3. Identify taxation, accounting and financial reporting requirements for any gains made from commercialisation of intangible assets
Identify options for exploiting and commercialising own intangible assets

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify intellectual property of others that can legally be used by the small business for business advantage

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify taxation, accounting and financial reporting requirements for any gains made from commercialisation of intangible assets

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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

Required Skills and Knowledge

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

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

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