Unit of competency Outline

Date retreived
22/07/2026 10:01 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Manage intellectual property to protect and grow business

Manage intellectual property to protect and grow business

Unit of competency
National Code
BSBIPR501A
State Code
D2786
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
10/03/2009
View on TGA
State Implementation and Classification
Approved Date
29/08/2014
Field of Education
080315 - Project Management
Original Release Date
29/08/2014
Nominal Hours
50
Description
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 an organisation's intellectual property to ensure business growth.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Identify the organisation's intellectual property assets and rights
  • 1.1. Identify the intangible assets residing within the organisation and how they can be protected
  • 1.2. Identify the sections of the organisation in which intellectual property is created, procured or transferred and for which management is required
  • 1.3. Research intellectual property rights appropriate to the organisation according to legislative requirements
  • 1.4. Identify and access sources of information and advice for protection of the organisation's intellectual property
  • 1.5. Conduct a cost-benefit analysis of protecting intellectual property and determine risks
  • 1.6. Identify and use appropriate intellectual property professionals to initiate processes to protect intellectual property, according to the type of intellectual property protection required
2. Create a strategy to manage the organisation's intellectual property
  • 2.1. Review or create an organisational strategy, and review or develop policies and procedures for protection, management and use of intellectual property as part of the organisation's business strategy
  • 2.2. Plan and implement an intellectual property audit and establish or review the value and use of the organisation's intangible assets inventory
  • 2.3. Plan and make recommendations for implementation of a strategy for business growth through use of organisation's intellectual property
  • 2.4. Plan and implement strategies to ensure employees, partners and contractors protect the organisation's and others' intangible assets
  • 2.5. Establish or review procedures to securely record and store documentation related to the organisation's intangible assets
3. Monitor and maintain organisational strategies for the protection and use of intellectual property
  • 3.1. Monitor and review strategies, policies and procedures for the identification, protection and use of intellectual property regularly to ensure they are working effectively, and make changes if required
  • 3.2. Manage the identification of potential infringement of organisation's intellectual property rights, and ensure appropriate action is taken
  • 3.3. Promote a culture of compliance and respect for other organisations' and individuals' intellectual property rights
4. Manage the commercialisation of the organisation's intellectual property to ensure business growth
  • 4.1. Research the role intellectual property will play in the strategic plans of the organisation
  • 4.2. Contribute to the implementation of the commercialisation of the organisation's intellectual property
  • 4.3. Manage the review of the activities of existing or potential competitors and assess their impact on the organisation's intangible assets
  • 4.4. Access and effectively use others' intellectual property within legal guidelines for business advantage
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/customer list
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
Sections of the organisation may include:
any section of the organisation that creates products or services that may be protected by intellectual property rights, or that is responsible for the management of intellectual property, including:
design department
marketing department
research and development department
product development group
human resource department
production, administration or service delivery
legal services unit
Intellectual property refers to:
the output of the mind or intellect rather than tangible objects. It includes:
copyright
trade marks
patents
designs
plant breeder's rights
circuit layout rights
confidential information/trade secrets
Intellectual property rights may 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 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
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
Intellectual property audit may involve:
a systematic review of the intellectual property 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 intellectual property
gaps or weaknesses in the organisation's intellectual property and rights
the valuation and recording of such intangible assets in accordance with accepted accounting standards
Intangible assets refer to:
registered forms of intellectual property, such as patents and trade marks
unregistrable forms of intellectual property, 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 intellectual property, so that:
the organisation's intellectual property is not introduced into other organisations
ownership of the intellectual property is established, e.g. external contractors designing training materials for an organisation
licensing, assignment or transfer of the organisation's intellectual property 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 party's intellectual property without their permission
Compliance is important to:
identify and where necessary take action to prevent breaches of laws and regulations in relation to intellectual property, to:
avoid costly legal decisions
be a good corporate citizen
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
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 intellectual property 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 others' intellectual property
identification of commercialisation potential of an organisation's intellectual property

Context of and 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 they relate to intellectual property
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. The following examples are appropriate for this unit:
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, to demonstrate the establishment of strategies, policies and procedures to manage an organisation's intellectual property
third party reports to demonstrate how the candidate promoted a culture of respect for the intellectual property of others
presentation to appropriate personnel on the commercialisation of a range of intellectual property within the organisation
oral or written questioning about relevant legislation as it relates to the organisation's intellectual property

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
BSBRSK501A Manage risk
other management units from BSB07
Replaced By
State Code National Code Title Type
AUI50 BSBIPR501 Manage intellectual property to protect and grow business Unit of competency