BSBIPR501A - Manage IP to protect and grow business

Nominal hours

Unit descriptor

This unit describes the performance outcomes, skills and knowledge required to protect, secure and effectively use intangible assets of value to an organisation. It focuses on establishing and maintaining systems to protect and exploit and organisation's Intellectual Property (IP) to ensure business growth.

No licencing, 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 managers or coordinators who take an active role in recognising, securing and commercialising intangible assets which contribute to the organisation's profitability, productivity, product or service delivery and market leadership. These managers and coordinators may work in a range of industry or other contexts and may have responsibility for managing people, systems or processes.

Elements and Performance Criteria

Elements describe the essential outcomes of a unit competency. Performance criteria describes 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 the organisation's intellectual property assets and rights.

Performance Criteria:

Identify the intangible assets residing within the organisation and how they can be protected.
Identify the sections of the organisation in which is created, procured or transferred and for which management is required.
Research IP rights appropriate to the organisation according to legislative requirements.
Identify and access sources of information and advice for protection of the organisation's IP.
Conduct a cost-benefit-risk analysis of protecting IP
Identify and use appropriate IP professionals to initiate processes to protect IP, according to the type of IP protection required.

Element 2: Create a strategy to manage the organisation's IP.

Performance Criteria:

Review or create an organisational strategy, and review or develop policies and procedures for protection, management and use of IP as part of the organisation's business strategy
Plan and implement an IP audit and establish or review the value and use of the organisation's intangible assets inventory
Plan and make recommendations for implementation of a strategy for business growth through use of organisation's IP
Plan and implement strategies to ensure employees, partners and contractors protect the organisation's and other's intangible assets
Establish or review procedures to securely record and store documentation related to the organisation's intangible assets.

Element 3: Monitor and maintain organisational strategies for the protection and use of IP

Performance Criteria:

Monitor and review strategies, policies and procedures for the identification, protection and use of IP regularly to ensure they are working effectively and make changes if required.
Manage the identification of potential infringement of organisation;s IP rights, and ensure appropriate action is taken
Promote a culture of compliance and respect for other organisations and individuals rights.

Element 4: Manage the commercialisation of the organisation's IP to ensure business growth.

Performance Criteria:

Research the role IP will play in the strategic plans of the organisation
Contribute to the implementation of the commercialisation of the organisation's IP
Manage the review of the activities of existing or potential competitors and assess their impact on the organisation's intangible assets
Access and effectively use other IP within legal guidelines for business advantage.

Required Skills and Knowledge

This section describes the skills and knowledge required for this unit.

Required skills

Communication and analytical skills to conduct audits and make recommendations for compliance and commercialisation of IP.
Interpersonal skills to foster a positive culture of compliance within the organisation.
Marketing skills to contribute to the commercialisation of the organisation's IP.
Problem solving skills to address IP compliance issues.
Research skills to find and interpret relevant legislation in relation to the particular types of IP.

Required knowledge

Types of IP protection and time restraints on protection.
Relevant legislation and regulations relating to IP rights.
Potential sources of information and advice about IP.
Business and marketing advantages of IP protection.

Range Statement

The range statement relates to the unit of the competency as a whole.

Intangible assets may include:

brands
business names
customer/client lists
computer systems software
confidential information
copyrights
core technology
data bases
designs
distribution agreements
domain name
employees specialist knowledge
goodwill
ideas
innovations
inventions
logos
packaging
patents
practical application of a good idea
processes
products
promotional materials
secret recipe, process, formula
standards of service/unique service technique
trade marks
trade secrets
training manuals

Section of the organisation may include:

any section of the organisation that creates products or services that may be protected by IP rights or which is responsible for the management of IP, including the:

design department
marketing department
research and development department
product development group
human resources department
production, administration or service delivery groups legal services unit.

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.

IP rights refer to:

the exclusive rights associated with the relevant intangible asset
the right to prevent use by others of the intangible asset

Legislative requirements may include:

business name legislation
the Copyright Act
the Designs Act
the Patents Act
the Trade Marks Act
Trade Practices Act and State and Territory fair trading legislation.

Sources of information and advice may include:

IP Australia
the Attorney-General's Department
the Australian Copyright Council
State and Commonwealth government agencies
lawyers specialising in IP
Trade Mark Attorneys and Patent Attorneys
Accountants
Business Advisors
Marketing Consultants
Branding Consultants
copyright collecting societies, for example CAL, PPCA, MIPI, APRA, AMCOS
publications
the internet
databases for example local and international trade mark data bases.

IP audit may involve:

a systematic review of the IP owned, used or acquired by a person or organisation including:

products or services that are key to the organisation
intangible assets and the legal rights that constitute them in relation to the goods or services
what market advantage these rights give the organisation
rights under which the organisation uses IP
gaps or weaknesses in the organisation's IP and rights

the valuation and recording of such intangible assets in accordance with accepted accounting standards

Intangible assets refer to:

registered forms of IP such as patents and trade marks
unregistrable forms of IP such as copyright, client lists, know how, staff and training programs.

Strategies may include:

preparation of employer, contractor and supplier contracts which protect the organisation's IP, so that:

the organisation's IP is not introduced into other organisations
ownership of the IP is established, for example external contractors designing training materials for an organisation

licencing, assignment or transfer or the organisation's IP to other parties for the benefit of the organisation or its stakeholders
conducting appropriate clearance searches and investigations.

Documentation may include:

deeds
registration certificates
licence agreements
contract and end user licence agreements
employment contracts

Infringement occurs when:

someone consciously or inadvertently uses another parties IP without their permission.

Compliance is important to:

identify and where necessary take action to prevent breaches of laws and regulations in relation to IP, to:

avoid costly legal decisions
to be a good corporate citizen

Commercialisation may include:

utilising IP with the aim of producing financial or other commercial gain, and/or public benefit, including:

adapting
applying
assigning
copying
developing
licencing
making
publishing
selling
using.

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 types of IP within the organisation and the relevant legislation protecting them.
establishment or review of strategies, policies and procedures for the management and use of own and other's IP
identification of commercialisation potential of an organisation's IP.

Context of specific resources for assessment.

Assessment must ensure:

access to relevant organisational strategies, policies and procedures, or access to information to allow for the design of these policies and procedures.
access to relevant legislation and regulations as it relates to IP
access to appropriate computer resources for online search and report preparation.

Method of assessment.

A range of assessment methods should be used to assess practical skills and knowledge, such as:

analysis of data collected on intangible assets and their compliance requirements within an organisation
direct questioning combined with review of portfolio of evidence and third party workplace reports of on-the-job performance by the candidate promoted a culture of respect for the IP of others
presentation to appropriate personnel on the commercialisation of a range of IP within the organisation
oral or written questioning about relevant legislation as it relates to the organisation's IP.

Guidance information for assessment.

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

BSBMB501A - Manage risk
other management units from BSB07.

Last Updated: 15/9/2012

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