BSBIPR601A - Develop and implement strategies for intellectual property management

Nominal hours

70

Unit descriptor

This unit describes the performance outcomes, skills and knowledge required to obtain a strategic advantage from managing intellectual property. It covers the evaluation of approaches to the management of intellectual property, and on establishing, implementing, evaluating, and monitoring an organisation’s intellectual property strategy.

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 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.

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: Evaluate approaches to the management of intellectual property.

Performance Criteria:

1. Analyse strategic and operational plans to determine intellectual property requirements.
2. Identify sources of information and advice regarding approaches to the best practice management of intellectual property.
3. Determine the implications and potential strategic advantage from protection of intellectual property.
4. Determine the implications and potential strategic advantage from adopting collaborative approach to intellectual property.
5. Determine the implications and potential strategic advantage from adopting an open source approach to intellectual property.

Element 2: Establish a strategy for managing intellectual property.

Performance Criteria:

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. Examine requirements and options for commercialisation or effective use of intellectual property.
3. Establish required documentation for the management of the intellectual property strategy.
4. Develop strategies for addressing intellectual property infringement.
5. Ensure intellectual property strategy complies with legislative requirements and organisational policies.
6. Communicate intellectual property strategy to key stakeholders within the organisation and externally.

Element 3: Evaluate proposed intellectual property strategy.

Performance Criteria:

1. Obtain legal and other professional advice regarding the proposed intellectual property management strategy.
2. Identify and evaluate the benefits from the proposed intellectual property management strategy.
3. Identify and evaluate the disadvantages, costs and risks of the proposed intellectual property management strategy.
4. Adjust strategy according to legal advice and evaluation
5. Establish, document and present the business case for adopting the proposed intellectual property management strategy to senior management, directors or other key stakeholders.

Element 4: Implement and monitor the intellectual property strategy.

Performance Criteria:

1. Work with other to ensure the implementation of the strategy.
2. Monitor and evaluate the strategy and its implementation and report to senior management, directors or other key stakeholders.
3. Make changes to strategy and its implementation as required.

Required Skills and Knowledge

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

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.

Range Statement

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

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
• 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.

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:

• documentated portfolio of intangible assets
• intellectual property agreements or licences register
• policies and procedures

Strategies for addressing intellectual property infringement may invlove:

• identifying threats to the organisation from intellectual property infringement
• determining the cost of litigation or other actions against intellectual property infringement
• determing the impact of intellectual property infringement
• establishing a business case for the intellectual property infringement strategy
• licencing intellectual property on negotiated terms

Infringement occurs when:

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

Business case consist of:

• a feasiblity 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, eg. 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.

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 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 specific resources for assessment.

Assessment must ensure:

• access to relevant legislation and regulations as it relates 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, such as:

• 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.

Last Updated: 11/12/2012

Next Section:

9 of 9

Meet Bradley
Doctor of Philosophy in Chemistry