Strategies for Intellectual Property Management: BSBIPR601 Assessment

This document presents a comprehensive solution to an intellectual property management assignment (BSBIPR601), covering key concepts and practical applications. The assignment includes a series of theory questions addressing the definition and types of intellectual property, including patents, trademarks, copyright, registered designs, and plant breeder's rights, along with relevant legislation and sources of information. A case study on design copying is also included, requiring an analysis of IP protection strategies for a dress designer facing infringement. The solution provides detailed explanations of different IP protections, their scope, and their relevance in commercial contexts. This assignment aims to provide students with a solid understanding of intellectual property management and its practical implications for businesses.

ASSESSMENT COVER SHEET
UNIT CODE: BSBIPR601 UNIT NAME: Develop and implement strategies for intellectual property management
CANDIDATE to complete this section
Satisfactory Unsatisfactory Did not submit
Assessment 1
Assessment 2
Assessment 3
Assessment 4

ASSESSMENT GUIDELINES FOR STUDENTS You need to achieve a ‘Satisfactory’ grade in ALL the assessments items to be granted a ‘Competent’ grade in
the unit.
 In case you are not able to achieve a ‘Satisfactory’ grade in any assessment task, you will be given three (3)
attempts to resubmit your assessment. Your trainer will be available to assist you in any areas of difficulty.
Please discuss the assessment with your trainer to seek advice on how you can achieve competency in the
unit.
 Where relevant, oral questions may be asked to gather more information on your knowledge, skills and
competence in the unit.
 A holistic approach is used to assess your skills relevant to this qualification. The skills are assessed across
the different units offered within this qualification. Where a skill relevant to this unit is not assessed within
this assessment pack, please note that the skill will be assessed in another unit.
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Assessment 1
Theory Questions
Answer the following questions in your own words (20-50 words each)
1. What do you understand by the term ‘Intellectual Property’?
When a monopoly is given to owner by law upon his creations of intellect is known as
Intellectual property. It is an asset that can be converted into product from which profit can be
gained. IP rights includes trademarks, patents, copyright, industrial design rights.
2. What is a ‘patent’?
It is an exclusive right assigned to designer for their invention (product or process which can be
solution to specific problem) for a limited period of time in exchange after the details of that in public is
disclosed.
3. Which kind of IP protection is suitable for protecting copying of movies?
IP protection that is suitable for protection against copying a movie is Federal copyright law. It gives
owner the right to modify, copy and make profit by selling it.
4. If you create a unique new design for ornamental vases, can you get IP rights? If yes, which type of IP would
cover this situation?
Yes for this situation IP rights are can be given. In Australia IP that will cover this situation is
Registered design. It protects visual appearances of product not the way it works.
5. Why is it important for businesses to use IP?
It is important for the business as it can:
 It can set business away from competitors.
 Be licensed or sold, supplying essential revenue steam.
 Offer consumers anything different or new.
 Can become essential part of branding or marketing.
 Be used for loan security.
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6. What is the difference between ‘licensing’ and ‘transferring’ in terms of commercializing your IP?
Licensing an IPR implies to empowers the use or commercial exploitation of such rights, that too maintaining
the ownership of right whereas transferring implies that ownership of IPR is given to the acquirer.
7. What are the different types of IP that relate to an organisation?
Different types of IP that are used in an organisation's business is known as Copyright, trademark,Patents,
Geographical indications, Industrial design.
8. What is the difference between a ‘standard patent’ and an ‘innovation patent’?
Innovation patent is applied to product that is useful, new and involve in
innovative step that is less onerous requirement than the inventive step required for a
standard patent. It lasts for 8 years. whereas standard patent is applied for such
products that involves in inventive step such inventions must be non obvious. It lasts
for 20 years.
9. How long can you get protection for an innovation patent in Australia?
Innovation patent provides protection for 8 years in Australia.
10. What is a trademark?
Trade mark is IP protection right that identifies trader's particular services or goods as distinct from other
trader's product.
11. Is it compulsory to register trademarks?
No, it is compulsory to register trademark but if any other person uses same sign then company has to claim
for breach under Competition and Consumer Act 2010. It is a tideous and costly process.
12. If you want to get international IP rights for a trademark, what are your options?
To be registered, a trademark must fulfill the condition of Trade marks Act 1995. There are two ways of
seeking international IP right:
 Through filling application directly in each country.
 Through filling applications Via world intellectual property organization, which nominates Madrid protocol
Countries in which protection is wanted.
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13. What is PBR?
PBR is a acronym for Plant breeder's rights that are used for protection of new variety of plants that are
different, stable and uniform. It is also applied to farm saved seeds and essentially derived variety.
14. How many years protection can you get if you create a new variety of roses?
If the roses are tested and it is checked that roses are distinct, stable and uniform, then exclusive right is
given for around 25 to 30 years. Annual renewal fees is required to be paid every year.
15. List at least three benefits of PBR protection?
Three benefits of plant breeder rights are as follows:
 Having opportunity to commercialise plant by producers either by contractual agreement with individual or
organization or by selling it by themselves.
 PBR give rights to produce plant variety as an when required.
 It gives right to develop new variety from the already developed variety.
16. If you start up a new web-based company with a new domain name, is it a legal requirement to apply for
domain registration?
No it is not legally necessary to register a new domain name when starting a new business unless organizations
wants to set up unique domain name. If organization wants unique new domain name then yes registering is
necessary.
17. Write whether the following statements are True or False
a. You can get a patent for a new dress design. __False________________
b. If you create a new smell, you can get it registered as a trademark. _____True_________
c. New varieties of trees can be registered under PBR. __True_________________
d. All work generated by an employee remains the IP of an employee. _______True_______
e. The recipe for KFC chicken is copyright. _______False_______
18. Research potential sources of information and advice about IP. List at least four sources.
Four potential sources of IP are:
 IP Australia website.
 Website of patents like AUSPAT.
 Website of Trademarks like ATMOSS.
 Website for registered design like ADDS.
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These are the sources from where data can be collected and IP can be filled.
19. List the names of the relevant legislation (LAW) that applies to the following:
a. Plant Breeders : Law for this are Plant Breeder right act 1994 and Plant Breeder Right regulation
1994.
b. Copyright:Laws relevant to this is Copyright Act 1968.
c. Circuit Layouts: Law related to this is Circuit layout Act 1989.
d. Trade Marks: Laws that apply for this is Trade mark Act 1995 and trade mark regulation 1995.
e. Patents: Laws relevant to this are Patent Act 1990 and Patent regulation 1991.
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Assessment 2
Case Study 1
CASE STUDY: DESIGN COPYING
The problem: competitor copying designs
An Australian designer with three small retail outlets noticed that direct copies of her dress designs were
appearing in another retail outlet close by.
She wanted to take action against the trader, but was advised that without IP protection for her original
garment she wouldn't be able to pursue the matter.
She contacts you for advice:
You will need to conduct research to respond to the following questions. The IP Australia website will be of
help to you:
Your task is to advise the dress designer about what she can do to protect her IP? Explain the following
points to her as she does not know anything about IP.
1. What is IP? What re the different types of IP protection available in Australia (100 words)
Intellectual property is a property of mind that basically deals with invention, design,
trademark, brand using which a person or organisation can develop new product or services that
can be used for making profit from it.
Different types of IP protection in Australia are:
 Patents: It helps to protect invention or process. It provides exclusive right to the user
commercially exploit the invention that is new and useful till the time patent is valid. It can be
granted for any substance, process, method or device.
 Trademarks: A trade mark identifies that particular services or goods of a trader is different
from that of other traders. Under this logos, sign, scent picture, shape, colours, sound and aspect of
branding and packaging can be protected.
 Registered design: It helps to protect any product design. In this visual appearance of the
product is protected and does not inculcate ways in which it works.
 Plant breeder rights: New plant variety is protected using this IP. Using this producer gets
the right to exploit plants commercially so as to get benefit fro it by selling it.
 Geographical indications: It identifies a good that originate in particular region, territory or
locality where a specific reputation, quality or other characteristics are attributed to its
geographical origin.
 Copy right : Under this art, drawing, computer program, broadcast, film, programmes of computer
etc. can be protected. Owner's original expression of ideas is protected but not ideas themselves. It
gives right to owner to copy, modify the product. No other person or organisation can copy these.
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 Trade secret: It is process, practice, formulae, commercial methods that is used for business
perform. Any legal law is not present to safe these but generally individual or organisations are
responsible for safeguarding it.
2. What type of IP protection can she get for her dress designs? Explain what this type of IP covers
(100 words)
IP protection that she can get protection for is the design, colour, shape if its new. If the
designed dress is innovative and has its usefulness she can make design patent of that dress. Among
several IP protections she can get protections like Trademark and registered design. In Australia she
can get her dress protected through the IP protection called registered designed which enables her
to protect the visual appearance of the dress. But it does not provides any safeguard on how it can
be used. No body will be able to use that design up to five years of filling registered design till
further registration is not made.
If she is using any sign on her dress that is specific then she can register her trademark that
can be used for identifying that her product is unique and can be distinguished among the products
from her competitors.
3. If she gets the IP protection recommended by you on Q2, will the other trader not be able to copy
her designs? Why or why not?
No, if she uses the two above mentioned IP protection recommendation than her product
design cannot be used by others. Since trade mark gives the authentication to her product design
and Registered design helps her to safe her design from using it by others for at least five years
from the date of registration till further registration is not made. As Under Design act 2003 and
Design regulation 2004 any body uses the registered design then legal actions can be taken against
that trader. If she feels that any infringement is made she can immediately request for examination
of the other person products.
4. If the other trader continues to copy her designs what action can she take? Which legislation
specifically covers this area?
If other trader still continues to copy her design then she can file file an immediate
application for an inquiry where examination of both the dress will be made. If that other trader is
found guilty of copying then she can take legal actions against the other trader. But will only be
possible if she has used Registered design IP protection. Laws like Design act 2003 and Design
Regulation 2004 covers this area. Other trader have to give monetary fund to the owner who made
original product. Amount generally depends on the agreement between the two parties under the
jurisdiction of court.
5. What is the process for applying for registering for this type of IP protection (For help, go to the
Process for applying for registering for this type of IP protection steps are as follows:
Step 1: Decide that whether a trader have a design. Deciding is important that it is design right that
is needed or some other IP right is needed.
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Step 2: Do not publicise the design. It is important to keep it secret.
Step 3: Search for previous registered design. It helps to make sure that whether that design is
already registered or not.
Step 4: Preparing of drawing. That includes Drawing images of the design as it is necessary for
making a design registration.
Step 5: File design application once she found that design is new and distinctive. It can be done by
registration through online services.
Step 6: Once registration is requested, it is important to check that registration is done only within 6
months from priority date (filing date) of design.
6. How much will it cost her to register each dress design?
An application fees per designed needs to be paid when filing a design application. If there
are multiple design in design application then she will have to pay for each design. All fees are
subjected to be under change. Fees is as follows:
 For design application: Per design indicated in the application is 250$ by online and 350$ by
other means like mails.
 For further designs identified in processing of formalities is 250$ for registering through
online means and 350$ for registering by other means.
7. One of the dress designs she wants to register is shown below:
Conduct a search of the above design by searching the IP Australia website:
Answer the following questions:
1. Can she register this design? Why or why not?
Yes she can register her dress design as it is unique. It is simple in design and has three
colour combination which makes it different from other products in the market that too
it is has a full length design.
2. Explain to her how she can search for already registered designs in the future
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She can search for already registered design by using various types of websites. These
websites can be used to search design. Patent, trade mark, design registrations can be found out by
making advance search options present on different websites.
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Assessment 3
Case Study 2
YOU ARE A ROCK GROUP MANAGER
Congratulations. You are now the manager of a promising rock group.
You will have to face a number of decisions, and balance your desire to protect the group’s intellectual
property, with the need to generate publicity and let your group become better known. In making your
decisions you will have to show knowledge of some key intellectual property laws, and good
judgement.
Your group has the following questions.
Your task is to research the answers and give explanations/ reasons to the group, quoting evidence or sources as
needed, and giving advice where called for - including arguments for and a where appropriate.
Worksheet 2 – Read the questions from the Rock Band members and write your responses in Column
3 below
Query Your task Your response
1. “You know that we are looking for
a new name, well I saw a great one,
already taken, but I reckon if we
change the font and colours we can
use it. Am I right?”- Steve
Check the information
about Trademarks to let
Steve know about what
intellectual property is
protected as a trade
mark.
Trademark is a recognisable design, symbol or
sign which identifies services (Service mark
term is used for this) or products of particular
source. Steve you must know that words,
letter, colour, scent, picture, shape, numbers,
logos, a phrase, aspect of branding or
packaging, sound or any combination of these
is protected under trade mark.
2. “Does our new name, our trade
mark, have to be words only, or
can we include other things?”-
Steve
Check the information
about Trademarks to let
Steve know if the trade
mark can include
elements other than
words.
After checking the informations about trade
mark I call tell you Steve that trade mark not
only protects words. There are many other
things that are protected using trade mark. It
includes other elements like letters, picture,
scent, colour, picture, logos, sound, phrase,
shape, numbers or aspects regarding branding
and packaging can also be included under
trade mark.
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