1. YOURS, MINE & OURS: MANAGING INTELLECTUAL PROPERTY IN THE THIRD SECTOR
Dr Franci Cantatore, Bond University
and
Dr Elizabeth Crawford-Spencer,
Australian Catholic University

2. 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

3. 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

4. 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
Patents

5. Why are IP rights important?
Freecycle Sunnyvale v Freecycle Network
- “naked licencing”
Shelterbox misconduct
- neglecting IP rights

6. Protecting IP rights Statutory protection Copyright Trademarks Patents
At common law
Trade Secrets/Confidential information - passing off
Another way??

7. 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

8. IP Management
Effective IP management is an important aspect of good governance

9. IP Management in the third sector
Faces unique challenges

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

11. 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

12. 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

13. …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

14. Thank you!