CONSTRUCTION AND IP
Architectural copyrights are one of the most interesting intellectual property concepts and most relevant to the construction industry. Copyrights protect original works of authorship fixed in a tangible medium. In other words, they can cover architectural works, blueprints, BIM models, technical design documents, renderings, elevations, and even constructed buildings themselves. Copyrights initially vest in the creator of the work, which typically is the architect or engineer in the construction industry, although they can be assigned or licensed through contracts.
Contractors, subcontractors, owners, and material suppliers may also face many trade mark issues. It also is important to note that trade marks can be infringed in many ways and that indirect infringement can be established against third parties through contributory, vicarious, or inducement of infringement.
Unlike copyrights and trade marks, patents must be granted by IP Australia. The invention must be new, useful, and non-obvious to obtain a patent. Many patents are related to the construction industry, including construction processes, equipment, materials and even business methods.
Trade secret issues also may arise in construction projects and related business ventures. Trade secrets can cover virtually any type of information that is not generally known to the public, is economically valuable to the owner, and is the subject of reasonable efforts to maintain its secrecy. For example, trade secrets can cover business or technical information, pricing information, customer lists, construction methods, and processes.
