YOURS, MINE & OURS: MANAGING INTELLECTUAL PROPERTY IN THE THIRD SECTOR 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 Third Sector Organisations (TSO) Challenges for TSOs Based on – 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 - eg inventions literary and artistic works symbols, logos and images names and brand names designs and industrial designs software sound or visual recordings even unique attributes such as the sound of a motorcycle engine

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/; http://www.iponz.govt.nz/cms 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

IP Management in the third sector Faces unique challenges

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

How to reconcile third sector 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

Factors to consider What are the IPRs used in the enterprise? Who owns IP (or should own it)? What is their value? What is the level of risk – should IPRs be registered? How might they be better exploited? (e.g. licensing) Tenenbaum - copyright and trademark notices & trademark registrations

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

Thank you!