IP rights management in small and medium social enterprises in Australia Dr Franci Cantatore, Bond University and Dr Elizabeth Crawford-Spencer, Australian Catholic University

Focus of this presentation Practice-based approach What is IP? IP protection in SMEs Challenges for SMEs research and discussion Based on – Article: Yours, Mine, and Ours: The Development, Management and Protection of Intellectual Property in Third-Sector Enterprise, E Crawford-Spencer & F Cantatore, Intellectual Property Quarterly [2014] Issue 3, p 210. Current research: Intellectual Property Rights management in small and medium size social enterprise in Australia: A pilot study

What is IP? Creations of the mind – e.g. inventions literary and artistic works symbols, logos and images names and brand names designs and industrial designs software sound or visual recordings

Why are IP rights important? Copyright © manuals contracts training materials software databases – Ice TV v Nine Network (2009) sound or visual recordings Trade marks symbols, logos and images Business names and brand names http://www.ipaustralia.gov.au/ Patents

Why are IP rights important? Freecycle Sunnyvale v Freecycle Network - “naked licencing” Shelterbox misconduct - neglecting IP rights

Protecting IP rights Statutory protection Copyright Trademarks Patents At common law Trade Secrets/Confidential information - passing off Another way??

Brand and IP Name, slogan, design, symbol Cases WWP Inc v Wounded Warriors Family Support Inc Deborah Heart & Lung Centre v Children of the World Foundation

IP Management Effective IP management is an important aspect of good governance in SMEs

IP Management in SMEs Face unique challenges

Motivation & Capacity Social welfare orientation Nonprofit status Complex mix of aims & objectives Partnering & collaboration Lack of infrastructure management skills resources

Research: Our pilot study Research conducted with Australian SMEs: IP management in small and medium size social enterprises Based on survey regarding IP management: Trademarks, patents, copyright 11 In-depth semi-structured interviews with SMEs (Brisbane, Sydney & Melbourne) Methodology - ‘qualitative purposeful sampling’ utilized (Patton, Stake)

Research findings: Perceived problems 1. Lack of funding 2. Lack of knowledge 3. Lack of time 4. Lack of management Indicate 2 barriers to effective IP management: Attitudes Capacity

Research findings: Other issues Branding – lack of connection Pro bono legal advice – under utilised Suggest: Implement an IP strategy Better use of agreements to regulate relationships Need for education and assistance Better use of resources, e.g. pro bono advice

Reconciling SME objectives and IP protection in practice Need to balance diverse interests create effective legal infrastructures To maximize benefits of intellectual assets, human capital resources and strategic relationships

IP Management Model

…to take away SMEs need a balanced approach to reconcile the tension between collaboration and protection of IP rights IP rights are worth protecting “Anyone can have an idea. Make sure they don't have yours.” IP Office of New Zealand

Thank you!