Elements and Performance Criteria

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.
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
Policies, procedures and information may include:
intellectual property policy
licensing agreements
procedures for ensuring copyright protection
procedures for registering intellectual property rights
register of intellectual property 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 e.g. register of intellectual property
keeping up to date with intellectual property issues through subscriptions to intellectual property services, e.g. IP Australia News Alert
Infringement refers to:
deliberate or inadvertent misuse or non-compliance with legislation, regulation, policy, codes of conduct etc. in relation to intellectual property
Internal and external stakeholders may include:
internal stakeholders:
other people within the organisation who may be affected by intellectual property, e.g. designers, writers, trainers, marketing staff, researchers whose efforts may produce intellectual property
all employees, who need to be aware of the importance of, and procedures for, intellectual property protection and avoidance of intellectual property infringement
external stakeholders:
contractors
service providers
Protection and 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 etc. under the Trade Practices Act 1974
registration of business names under Business Names 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 intellectual property
Potential problems may include:
changes to legislation or regulations
aspects of intellectual property not covered by existing procedures
fees not paid by own or external organisation
out of date communication about intellectual property within organisation
expiry of protection period
inappropriate or illegal use of someone else's intellectual property
Appropriate personnel may include:
manager
supervisor
person in organisation designated as responsible for intellectual property
Non-compliance issues may include:
required fees not being paid, both to or from another body, e.g. for a licence agreement or for renewal of registered rights
material being copied by other employees, e.g. 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, e.g. paying relevant fees
ensuring a copyright notice is placed on all publications (e.g. the copyright symbol ©, name of the copyright owner, 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 intellectual property within the organisation
identification, use and/or maintenance of an organisation's intellectual property policies and procedures
identification of potential non-compliance issues in an organisation

Context of and specific resources for assessment
Assessment must ensure:
access to relevant information about an organisation's intellectual property 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. The following examples are appropriate for this unit:
direct questioning combined with review of a portfolio of evidence
oral or written presentation to stakeholders outlining the organisation's approach to intellectual property protection and infringement avoidance
analysis of case studies identifying potential intellectual property issues and proposed actions

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