Peter Francis Partner at FAL Lawyers Peter Francis Partner at FAL Lawyers

Outline of Presentation Scenario Cheat’s guide to IP Scenario/IP identification and classification IP redux Ownership discussion Boards and IP/IP Policy Questions Close

“ABICARE” Questionnaire Personality Test Data from Surveys Housing Plans Position Statements of Personnel Therapeutic Care Models Training and Home Management Modules

Cheat’s Guide to Intellectual Property Trade marks protect which things are called Copyright and design protect the way things look Patents and trade secrets protect the way things work

Trade Marks Trade Marks Act 1995 (Cth) ® Unregistered ™ Common Law Word, phrase, logo, smell, sound, shape or picture, distinctive & not descriptive

LITERARY WORKS Letters, s, written case studies, training materials, articles, website content, written tables or compilations Databases, questionnaires and computer programs DRAMATIC WORKSDance choreographies and plays MUSICAL WORKSWritten songs, symphonies ARTISTIC WORKSDrawings, plans and photographs Copyright

Patents and Trade Secrets Standard patent (20 years) Innovation patent (8 years) Inventiveness Novelty Innovative Trade secrets

Duties of Boards re IP Be aware of company IP Develop protection strategies Seek legal advice Effectively assign and licence IP Conduct an IP Audit of the company on a regular basis

IP Policy Elements Manage the registration and maintenance of trade marks, designs, patents and domain names Use copyright ©notices where appropriate Use the ® or TM symbols where appropriate Ensure the protection of trade secrets and other confidential information

IP Policy Elements part 2 Monitor, report and act on IP infringements Avoid infringement of third party IP rights which will attract civil and criminal liability on the part of the company, its directors, partners, officers and employees Include ownership clauses in employment and consultancy agreements