Protecting Your Competitive Edge

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Presentation transcript:

Protecting Your Competitive Edge NFP Organisations and Intellectual Property

What sets you apart?

Intellectual Property something that ‘represents the property of your mind or intellect’ Proprietary rights – can be bought, sold, licensed Specific definitions in contracts

Confidential Information ‘know how’ Not property Protected by obligations of confidence Can be licensed or transferred Permitted purpose Restraints

Intellectual Property Rights Copyright - Trade Marks - Only registered trade marks can carry the ® symbol Patents Registered designs Plant breeder’s rights

IP Rights Of Others Government – IP development funded by public money Suppliers - ICT Consultants - project Collaborators – NFP and commercial

Game Changer

Governance Issues Director’s duty of care & diligence Risk Management Insurance

Infringement Protocol IP Governance I.P. Governance Policy I.P. Register Implementation of Policy Infringement Avoidance Infringement Protocol

Policy Considerations What business are you in? What IP is critical to that business? How should responsibility be delegated? What are your risks? How do we want to deal with infringement against & by us? How does insurance fit?

I.P. REGISTER I.P. SOURCE COST RIGHTS LICENCES GRANTED CDC Budget Tool Wizard Tools Pty Ltd $25,000 Sole Owner Good Care Ltd Recruitment Policy Internal $5,000 Nil Wound Care Practice Manual Best Care Ltd $10,000 per year Licence to use – non-exclusive No sub licence rights Best Home Care Business Name Registration fee Owner N/A Staying Upright Research Project with QUT $250,000 Sole licence

Employees Creators of intellectual property Scope of employment relationship What do new employees bring with them? Taking the IP of others Cyber security can depend on them What about volunteers?

Contractors/Consultants What IP do you need to own? Is it core business? Is a licence sufficient? What are you going to do with it? How do you benefit from continued improvements? Is it specific to you? – e.g. bespoke training program Does Government require ownership or an open licence?

Questions? Joanne O’Brien P: 07 3236 2900 E: jobrien@crhlaw.com.au Level 10, 193 North Quay Brisbane Qld 4000