Unit of competency Outline

Date retreived
24/07/2026 2:21 AM AWST

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Protect and use intangible assets in small business

Protect and use intangible assets in small business

Unit of competency
National Code
BSBIPR405A
State Code
D2785
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
13/04/2010
Field of Education
090999 - Law, N.e.c.
Original Release Date
13/04/2010
Nominal Hours
40
Description
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.
Notes
Elements and 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
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
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
Intellectual property audit refers to:
a systematic review of the intellectual property owned, used or acquired by a person or organisation. It includes:
identifying products or services that are key to the small business
identifying intangible assets and the legal rights in relation to protection of the assets
understanding what market advantage these rights give the small business
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
Value may include:
using processes in accordance with accepted accounting standards and with the assistance of appropriate professionals:
calculating how much time would be required to develop these assets from scratch
estimating how much a competitor might pay to buy or use these assets
estimating how much of the organisation's profit is attributable to the assets
Business plan may include:
executive summary
objectives
description of the business
legal requirements, including intangible assets
selling and marketing strategy
research and development plan
production or operating strategies
ownership and management plan
funding strategy
financial plan
strengths, weaknesses, opportunities and threats, including intangible assets
Types of protection may include:
copyright
registered patents
registered and unregistered trade marks
registered company name, business name, domain name
registered designs
trade secrets
sui generis protection (e.g. plant breeders and circuit layouts)
moral rights
Registered protection refers to:
protection which occurs through the registration of the particular intangible assets, e.g. trade marks, patents and designs
Unregistered protection refers to:
protection which occurs automatically by law, without the need for registration, e.g., copyright, moral rights and common law trade marks
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
Confidentiality agreements may refer to:
an agreement between a party with confidential information and a party to whom that confidential information will be disclosed (e.g. potential partners and financial backers, employees) outlining conditions of the disclosure and permitted use of the information
Appropriate databases may include:
public registers of registered Australian and international patents, trade marks, designs and plant breeders' rights

Note: these may be accessed via IP Australia's website or through use of a commercial search company or patent and trade mark attorney
Others' intellectual property rights may be infringed through unlicensed use of:
brands, logos, packaging, colours
domain names, business and company names
inventions, innovations, business methods
designs
content, e.g. photos, text, images
software
music
film
technology in new invention
Commercialising intangible assets may include:
franchising
licensing
selling off business and/or processes, inventions, brands, etc.
manufacturing
Gains may include:
proceeds from:
sales
franchising
licensing
use of the intellectual property or associated products
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 intangible assets
implementation of policies and procedures for the use, management and protection of intangible assets and legitimate use of others' intangible assets in a small business context

Context of and specific resources for assessment
Assessment must ensure:
access to a small business, either own, other or proposed, for exploration of intangible assets
access to relevant documentation, including explanatory materials 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 intellectual property and its implications for the organisation
development of action plans for implementation of intellectual property policies and procedures, and commercialisation of intangible assets
analysis of case studies around intellectual property issues, with recommendations for action
presentation to financial backers or others showing how intangible assets will be protected and commercialised

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
BSBSMB401A Establish legal and risk management requirements of small business
BSBSMB403A Market the small business
Replaced By
State Code National Code Title Type
AUJ46 BSBIPR405 Protect and use intangible assets in small business Unit of competency