Modification History
Not applicable.
Unit Descriptor
Unit descriptor |
This unit describes the performance outcomes, skills and knowledge required to effectively protect and exploit the intellectual property of a small business. It focuses on identifying and valuing intangible assets, implementing measures to protect and commercialise these assets as well avoiding the infringement of others' intellectual property rights. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement. |
Application of the Unit
Application of the unit |
This unit applies to individuals who either operate a small business or who are investigating the establishment of a small business. It particularly applies to small businesses that have intangible assets with market value which require protection, and which can be used to improve business performance. Intangible assets refer to assets which may be protected under a range of intellectual property legislation, including patents, trade marks, designs and copyright, as well as protection under other techniques, such as common or contract law. This unit encourages small business owners to seek expert advice from intellectual property professionals when required for the protection of intellectual property. |
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Prerequisite units |
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Employability Skills Information
Employability skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
Elements describe the essential outcomes of a unit of competency. |
Performance criteria describe 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. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1. Identify and value intangible assets which are key to the small business |
1.1. Identify intangible assets , which are a key to the ongoing success of the small business, through an intellectual property audit 1.2. Research appropriate sources of information and advice for protecting and effectively exploiting the small business's intangible assets, and seek professional advice when required 1.3. Value intangible assets so they can be incorporated into the business plan and risk assessment strategy |
2. Identify and select types of protection available for intangible assets |
2.1. Identify the types of protection for intangible assets, including registered and unregistered protection 2.2. Identify relevant legislative requirements in relation to the proper use and protection of intangible assets 2.3. Calculate the likely costs, risks and benefits of potential types of protection available 2.4. Assess organisational requirements, and balance costs and benefits to select the most appropriate methods to protect and use intangible assets |
3. Implement appropriate protection for intangible assets |
3.1. Ensure all employees, partners and directors are aware of the importance to the small business of protection of intangible assets 3.2. Implement confidentiality agreements if appropriate with employees and others who might have access to commercially sensitive information 3.3. 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 3.4. Follow procedures to protect intangible assets according to the type of protection required, using appropriate intellectual property professionals 3.5. Develop and implement processes for detecting and defending infringements against the small business's intangible assets 3.6. Monitor the market for possible infringements of protection of intangible assets and take appropriate action if required |
4. Develop and implement processes to avoid infringement of the rights of others |
4.1. Develop and implement processes so that the small business does not infringe others' intellectual property rights 4.2. Ensure all employees are aware of and understand the importance of avoiding the infringement of others' intellectual property rights |
5. Use and commercialise the small business's and others' intangible assets |
5.1. Identify options for exploiting and commercialising own intangible assets 5.2. Identify intellectual property of others that can legally be used by the small business for business advantage 5.3. Identify taxation, accounting and financial reporting requirements for any gains made from commercialisation of intangible assets |
Required Skills and Knowledge
REQUIRED SKILLS AND KNOWLEDGE |
This section describes the skills and knowledge required for this unit. |
Required skills |
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Required knowledge |
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Evidence Guide
EVIDENCE GUIDE |
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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. |
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Overview of assessment |
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Critical aspects for assessment and evidence required to demonstrate competency in this unit |
Evidence of the following is essential:
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Context of and specific resources for assessment |
Assessment must ensure:
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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:
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Guidance information for assessment |
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
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Range Statement
RANGE STATEMENT |
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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. |
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Intangible assets may include: |
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Intellectual property audit refers to: |
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Sources of information and advice may include: |
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Value may include: |
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Business plan may include: |
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Types of protection may include: |
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Registered protection refers to: |
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Unregistered protection refers to: |
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Legislative requirements may include: |
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Confidentiality agreements may refer to: |
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Appropriate databases may include: |
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Others' intellectual property rights may be infringed through unlicensed use of: |
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Commercialising intangible assets may include: |
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Gains may include: |
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Unit Sector(s)
Unit sector |
Competency field
Competency field |
Regulation, Licensing and Risk - Intellectual Property |
Co-requisite units
Co-requisite units |
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