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.
Registrable design refers to:
the appearance or look of a manufactured or hand made article that is:
new and distinctive
not substantially similar in overall impression to designs in the prior art
distinctive in the view of the Informed User
not used or shown in public before first application
design protection may not be appropriate to protect:
how a product works or functions
items that are primarily artistic or literary in nature
Exclusive rights are defined as:
the right to prevent others from making, using and exploiting a design for a product, in relation to which the design is registered, for a specified period of time
exclusive rights are limited in the following ways:
infringement may not occur if the design is used on a product outside of the scope to that for which the design was registered
certain repairs may not infringe the design where the product is a component part of a complex product
protection does not cover the design features if only the idea of the general functional features are copied, as a product's function cannot be protected under design
protection does not cover the underlying idea of the design, only the actual design
Legislative requirements refer to:
Designs Act 2003
Design Regulations
Copyright Act 1968
Prior art is defined as:
all information in the public domain relating to previous designs that may impact on the design's originality
Non-registrable protection may include:
trade secrets
confidentiality agreements and non-disclosure agreements
Commercialisation potential may include:
licensing the design to third parties for a fee or under certain conditions
profiting from the manufacture and sale of a registered design
Sources of information and advice 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, eg CAL, PPCA, MIPI, APRA, AMCOS
publications
websites, Internet
design databases
Processes may include:
reviewing and proliferating confidentiality agreements within organisation or among people who may need to know about the design before application for registration is lodged so as to keep the design secret
carrying out searches on relevant databases including:
bibliographic and pictorial searches on IP Australia's website
pictorial or representation searches in the public domain
drafting a completed application form
preparing copies of representations of the design in relation to a product
the application process may also include, if desired or requested:
requesting an examination
considering the value of a Statement of Newness and Distinctiveness to identify particular visual features of the design as new and distinctive
responding to any adverse findings the Registrar of Designs may identify during the examination process
considering any material submitted by a third party to dispute the Newness and Distinctiveness of the design
International design registration may include:
filing for design registration with the relevant offices of a foreign country
Signatory states to the international convention for design protection allow for the priority date assigned to the design in Australia to be obtained internationally if applied for within six months of lodgement in Australia
Maintain protection may include:
keeping track of registration expiration dates
applying for renewal of registration
Monitoring may include:
observing the activities of competitors
scanning the market for potential design infringements
regular or ad-hoc searching of design applications and/or registrations locally or internationally
Legal measures may include:
seeking legal advice from an appropriate professional
requesting examination of suspected infringements
bringing infringement proceedings against a party
suing a party who has imported any infringing designs into Australia
suing a party who has sold, or offered for sale, any product infringing their rights in the design
implementing other business, regulatory or market strategies within legal means

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 issues for the use, management and protection of innovative designs
implementation of policies and procedures for the use, management and protection of innovative designs and legitimate use of others' designs

Context of and specific resources for assessment
Assessment must ensure:
access to relevant information on the individual or organisation's innovative design protection requirements and procedures
access to reliable and appropriate explanatory material and guidelines
access to appropriate computer resources for establishment and maintenance of 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 portfolio of evidence
oral or written questioning to assess knowledge of protection of innovative designs and its implications for the organisation
development of action plans for implementation of policies and procedures for the protection of innovative designs, and commercialisation of innovative designs
analysis of case studies ofissues about protection of innovative designs, with recommendations for action

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
other units from BSB07 including other units relating to intellectual property