1. Protecting Your Competitive Edge
NFP Organisations and Intellectual Property

2. What sets you apart?

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

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

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

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

7. Game Changer

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

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

10. 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?

11. 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

12. 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?

13. 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?

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