Overview

Intellectual property (IP) management is an area of corporate management that has often been neglected or overlooked by small and medium size enterprises, and even more so by smaller third sector enterprises, despite the fact that effective IP management strategies can make the difference between the success and failure of an organization. This book focuses on ways in which small and medium size enterprises - including social enterprises - can protect and manage their IP. A valuable resource for any legal practitioner dealing with IP law and commercial law areas, this book explains the importance and value of IP, including patents, trademarks, copyright, branding and licenses, and provides insight into day-to-day challenges faced by smaller businesses and social enterprises. It also includes useful discussions on vital aspects of IP, such as using IP as security, IP branding, franchising models and contractual arrangements. Drawing on qualitative research conducted in Australia and identifying the unique challenges faced by third sector SMEs, the book offers practical strategies for effective IP management and protection. Its functional and up-to-date approach on IP related issues for small and medium size businesses and not-for-profits distinguishes this work from others in the field of IP rights management.

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9781627346993

Table of Contents

Reviews

This book assists ...managers and boards ... to come to grips with their intellectual property, IP branding, copyright and patents. Myles McGregor, Professor, Lowndes OAM, Queensland University of Technology, Academic and former Director of The Australian Centre of Philanthropy and Nonprofit Studies As an IP practitioner, I found this book to be a very useful tool, particularly for SMEs who may not understand the importance of IP and how IP can be used commercially. Taryn Lovegrove, IP specialist and Associate, Davies Collison Cave Lawyers, Brisbane ... written in an accessible easy-to-understand style which will appeal to a wide audience... a scholarly treatment of the subject, with the authors providing ample authorities and references as well as the results of qualitative research. Bobette Wolski, Litigation lawyer and Associate Professor, Bond University Most Have IP Assets that Require Trademark and Copyright Protection 67 Disconnect Between Branding and IP Management 67 Reasons for IP Management Failure 68 Conclusions and Recommendations: A Suggested Model 68 5 IP Management in a Global Marketplace 75 Introduction: A Tailored Approach to IP Rights Protection 75 Managing and Protecting Different Types of IP 76 Trademarks 76 Copyright 90 Patents 98 Contractual Arrangements 102 Conclusion 110 6 IP as Collateral in Security Transactions 113 Introduction: IP as Collateral 113 IP and the PPSA 116 IP Licences 118 IP Specific Provisions 119 Maximising IP Protection 122 Priorities 122 Registration Requirements 124 Challenges for Organisations in Dealing with IP Under the PPSA 127 SMEs and SMSEs 127 Multiple IP Registers 127 Copyright 128 IP Intrinsically Associated with Collateral 133 Conclusion 134 7 Approaches to IP Management in Social Franchising 137 Introduction 137 Models of Social Franchising: Social Franchising and Contracting Parties 143 Traditional Social Franchising: Non-profit Franchising Model with Non-profit Franchisor 143 Microfranchising: Non-profit Franchising with a Non-profit Franchisor and For-profit Franchisees 146 Social Franchise Investment: For-profit Franchisor with Non-profit Franchisees 149 The Use of Social Franchising in Australia 152 Traditional Non-profit Franchising and Social Franchise Investment: Both Under Represented in Australia 154 Examples of Microfranchising in the Australian Context 155 Mini-case Study of Microfranchising: Buffed Shoe Shine 156 Social Franchise: The Way Forward 159 Conclusion 161 Appendices Appendix A: Licence of Intellectual Property 163 Appendix B: Deed of Assignment of Intellectual Property Rights 177 Appendix C: Contractor's Service Agreement With Confidentiality Clause 183 Appendix D: Confidentiality Agreement 191 Appendix E: Franchise Agreement 199

Author Information

Dr Francina Cantatore is an Associate Professor of Law at Bond University and teaches in the areas of Property Law and Media and Communications Law. She is a practising lawyer, and the Director of the Bond Law Clinic program, which consists of five pro bono law clinics. She researches in the areas of intellectual property, consumer law, media and communications law, third sector as well as legal education. Francina has received a Citation from the National Office of Learning and teaching for Outstanding Contribution to Student Learning, as well as a number of other teaching and research awards. She is Editor in Chief of the Australian Journal of Clinical Education, has presented at many international conferences, is the author of a book on copyright law and has published in numerous academic journals. Professor Spencer currently serves as Dean of the College of Business, Law and Governance at James Cook University. In addition to her work in intellectual property management, Professor Spencer's scholarship in franchising law and regulation has earned her recognition domestically and overseas. She is the author of books and articles on commercial law and regulation and consults with industry, the profession and governmental bodies. She also conducts research in the areas of non-profit governance and contracting relationships in development cooperation.

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