Reference no: EM133638470

Trademark law

Riley is a communications manager, specialising in website content and social media. Riley works for The Travel Curators, which is part of The Experience Co-operative. Riley tells you they were tagged on social media by customers, who highlighted that a competitor appears to have copied the business logo, branding and style. Riley has checked the competitor's website and social media and confirms that the website copy is nearly the same, with social media photos using very similar branding and styles. Even more alarming is the near copy of the business logo. A search of the IP Australia register reveals that neither The Travel Curators nor the competitor has their logo registered. Riley asks you to identify and explore the legal risks and what can be done to protect the business logo.

The following information will assist you in assessing risk:

Step 1: Evaluate and assess risks.

You can use the Table 2 to identify the likelihood and consequence of risks. Rate the likelihood from low to high and the consequence from small to catastrophic, finding the risk rating at the intersecting point.

Table 2 - Evaluating risk matrix

Step 2: Controlling risks.

You can control risks using the hierarchy of risk or hazard control.

Part 6: Legal risk scenario 6 - Trademark law

Task 1: Identify risk to business operations

In this task, you will evaluate the business risk.

Describe the operational area of risk, the legislative area of risk and the compliance area of risk based on your understanding of the scenario. (Approximately 100 words).

Task 2: Research legal risk and compliance requirements

To complete this part of the assessment, research and identify the legislation and the compliance requirements and potential penalties applicable to each scenario.

Document your research findings, and reference credible sources of information, including hyperlinks to legislation and other sources.

Identify and describe the purpose of legislation applicable in NSW, compliance requirements, and penalties applicable to the scenario. (Approximately 100- 150 words).

Task 3: Evaluate the risk to business operations

This section evaluates the risk to the business, including penalties for non-compliance.

Evaluate the risk for the business. In your answer, use the risk matrix provided in the project brief to describe the likelihood and consequence of the risk to business operations. Justify your response by referring to the evidence from your research. (Approximately 100- 150 words).

Task 4: Propose risk management strategies and actions

To complete this part of the assessment, you must complete the following task/s to industry standards.

Use the information below and the criteria listed on the checklist to guide your responses.

Develop a risk management strategy for the scenario, successfully documenting the process of managing legal risks and compliance actions.

The risk management process must include:

recommendations to manage the risk, including specific actions existing documentation within the business to manage the risk.

Make recommendations to manage the risk, describing actions to control, reduce or eliminate the risk. Refer to the simulated organisation documentation and use external information to support the suggested actions. (Approximately 100-150 words)

What is the record keeping requirement for documentation in this scenario? (Approximately 25-100 words)

Task 5: Integrate risk management activities into business operations

Describe how continual evaluation of non-compliance could be conducted in this scenario. Explain all actions, referencing workplace processes required to complete the action. Refer to the simulated organisation documentation. (Approximately 100-150 words)

Describe the rectification process that could take place in response to the issues identified in the scenario. Refer to the simulated organisation documentation. (Approximately 100-150 words)

Task 6: Ensure knowledge on risk and risk management is maintained

Describe and give examples of opportunities to develop skills and knowledge for the legal risk and compliance requirements of the scenario. (Approximately 100-150 words)