BSBIPR301A - Comply with organisational requirements for protection and use of IP
Nominal hours
40
Unit descriptor
This unit describes the performance outcomes, skills and knowledge required to assist with the protection and lawful use of an organisation's Intellectual Property (IP) and to avoid IP infringement. It focuses on supporting the maintenance of an organisation's policies and procedures for the protection of IP and avoidance of IP infringement.
No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability skills
This unit contains employability skills.
Prerequisite units
There a no prerequisite units.
Co-requisite units
There are no co-requisite units.
Application of the unit
This unit applies to individuals who operate in a broad range of work roles and contexts, which may include assisting the organisation to comply with IP requirements for the protection and use of IP.
Elements and Performance Criteria
Elements describe the essential outcomes of a unit competency. Performance criteria descibes the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.
Element 1: Identify organisational expectations for complying with IP requirements.
Perfomance Criteria:
- Identify the various types of existing and potential IP within the organisation.
- Identify and access the organisation's IP policies, procedures and information, if applicable.
- Identify own role in protecting the organisation's IP, using IP and avoidance of IP infringement.
- Provide information and advice to relevant internal and external stakeholders about how the organisation's IP policies and procedures operate, within limits of job role.
Element 2: Support policies and procedures for the protection and use of IP.
Performance Criteria:
- Assist with the development and/or implementation of policies and procedures for the protection and use of the organisation's IP according to the type of protection required.
- Assist with the developement and/or implementation of policies and procedures to prevent infringement of other's IP.
- Assist in the maintenance of IP policies and procedures.
- Contribute to the identification of potential problems and opportunites for improvement in the operation of the IP polices and procedures and make recommendations to appropriate personnel for action.
Element 3: Contribute to recommendations about non-compliance issues with IP requirements.
Performance Criteria:
- Contribute to the identification of any potential non-compliance or IP infringement issues, either internally or externally.
- Contribute to recommendations to appropriate personnel about actions to overcome non-compliance issues.
- Alert appropriate personnel to areas of potential IP infringement or risk.
Required Skills and Knowledge
This section describes the skills and knowledge required for this unit.
Required skills
- Communication skills to provide information to relevant personnel about IP.
- Problem solving skills to identify IP compliance issues.
- Literacy skills to read and interpret procedures and other relevant documentation.
Required knowledge
- Basic knowledge of types of IP and the key characteristics of each.
- Relevant organisational policies and procedures in relation to IP.
- The range of IP residing with the organisation.
- Basic knowledge of relevant legislative requirements as they apply the job role.
Range Statement
The range statement relates to the unit of the competency as a whole.
IP 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 and trade secrets.
Policies, procedures and information may include:
- IP policy
- licensing agreements
- procedures for ensuring copyright protection
- procedures for registering IP rights
- register of IP assets.
Own role may include:
- checking that other areas of the organisation are compliant
- communicating policy and procedure changes to others
- ensuring fees are paid
- entering data as it arises
- updating schedules and documents as requested for example register of IP
- keeping up to date with IP issues through subsciptions to IP services, for example IP Australia News Alert.
Infringement refers to:
- deliberate or inadvertent misuse or non-compliance with legislation, regulation policy, codes of conduct and so on in relation to IP.
Internal and external stakeholders may include:
- internal stakeholders:
- other people within the organisation who may be affected by IP, for example designers, writers, trainers, marketing staff, researchers whose efforts may produce IP
- all employees, who need to be aware of the importance of, and procedures for, IP protection and avoidance of IP infringement.
- external stakeholders:
- contractors
- service providers
Protection or use may include:
- copyright for original works under the Copyright Act 1968
- patents for inventions and innovations under the Patents Act 1990
- protection from misleading packaging, advertising, misuse of power in the marketplace and so on under the Trade Practices Act 1974
- registration of business names under Business Name legislation
- registration of trade marks under the Trade Marks Act 1995
- registration of new or original designs under the Designs Act 2003
- registration of domain names
- licences, agreements or other instruments for the protection or use of IP
Potential problems may include:
- changes to legislation or regulations
- aspects of IP not covered by existing procedures
- fees not paid by own or external organisation
- out of date communication about IP within organisation
- expiry of protection period
- inappropriate or illegal use of someone else's IP.
Appropriate personnel may include:
- manager
- supervisor
- person in organisation designated as responsible for IP
Non-compliance issues may include:
- required fees not being paid, both to or from another body, for example for a licence agreement or for renewal of registered rights
- material being copied by other employees, for example from the internet or copying software, which could have potential copyright issues
- evidence of unlawful access to computer files
- marketing material being produced using images and other material which could breach copyright
- unlawful use of music or sound recordings
Actions may include:
- reporting non-compliance issues to supervisor
- taking administrative action within job role, for example paying relevant fees
- ensuring a copyright notice is placed on all publications for example the copyright symbol ©, name of the copyright owner, the year of creation or first publication.
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 the different types of IP within the organisation
- identification, use and/or maintenance of an organisation's IP policies and procedures
- identification of potential non-compliance issues in an organisation.
Context of specific resources for assessment.
Assessment must ensure:
- access to relevant information about an organisation's IP policies and procedures if applicable, or opportunity to contribute to the development of the policies and procedures.
Method of assessment.
A range of assessment methods should be used to assess practical skills and knowledge, such as:
- direct questioning combined with review of a portfolio of evidence
- oral or written presentation to stakeholders outlining the organisation's approach to IP protection and infringement avoidance.
Guidance information for assessment.
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
- other administrative units from BSB07.
Last Updated: 15/9/2012
