Dr Francina Cantatore, Bond University, Australia A review of IP rights management in small and medium social enterprises in Australia Dr Francina Cantatore, Bond University, Australia

Focus of this presentation Practice-based approach What is IP? IP protection in SMEs Challenges for SMEs research and discussion Based on – ‘Yours, Mine, and Ours: The Development, Management and Protection of Intellectual Property in Third-Sector Enterprise’, F Cantatore & E Crawford-Spencer, (2014) Intellectual Property Quarterly (3), 210. ‘Intellectual Property Rights Management in Small and Medium Size Social Enterprise in Australia’, F Cantatore & E Crawford-Spencer, (2015) Intellectual Property Quarterly (4) 328- 341.

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 © - not registrable manuals contracts training materials software sound or visual recordings Trade marks – last 10 years once registered symbols, logos and images Business names and brand names Patents – last 8 years (innovation patent) or 25 years (standard patent) Designs (including industrial designs) – last 5 years Website: http://www.ipaustralia.gov.au/

IP Australia website

Why are IP rights important? Freecycle Sunnyvale v Freecycle Network (2010) - US case - “naked licencing” Shelterbox misconduct case (2012) UK - neglecting IP rights

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

Brand and IP Name, slogan, design, symbol For example: 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 (with Dr Elizabeth Spencer) Research conducted with Australian SMEs: IP management in small and medium size social enterprises Based on survey regarding IP management: Focus on trademarks, patents, copyright 10 In-depth semi-structured interviews with SMEs (Brisbane, Sydney & Melbourne) – variety of enterprises 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 Suggested: Implement an IP strategy Better use of agreements to regulate relationships Better use of resources, e.g. pro bono advice Need for education and assistance

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 - whether commercial or social enterprise “Anyone can have an idea. Make sure they don't have yours.” IP Office of New Zealand

Thank you!