Protecting Intellectual Property in Architecture
Intellectual Property is used to describe the results of creative and innovative endeavors. It is called as intellectual since it is created by the intellect of human mind and as property because like tangible property the intellectual property which is an intangible property can also be owned, sold, leased or transferred.
There are different ways of protecting intellectual property. Innovative product and process can be patented, brands under trade mark, literary, artistic, architectural, musical works under copyrights, creative designs protected under industrial designs, indication of origin under geographical indications, plant varieties and farmer’s rights under PPVFR, layout design for integrated circuit under SICLD & any confidential information can be kept as trade secret.
Of the various Intellectual Property Protections stated above, the most relevant to architecture are –
Patents, Copyrights, Trade Marks and Trade Secrets.
Patent is a document which describes an invention and creates a legal situation in which the invention can normally be exploited only with the authorization of the patent owner.
Architecture may be defined as the art of designing and constructing buildings. It has both artistic and functional attributes and the functional features can be protected by patents.
The following are the examples of patent in the field of architecture across the globe.
| Patent No | Title |
| IN 268857 | A precast concrete building panel for a building |
| IN 262623 | An improved low-embodied energy building integrated photovoltaic roof system |
| US 8371073 | Building with integrated natural system |
| US 8336261 | Revolving roof for an indoor/outdoor stadium |
| EP 0107227 | An enclosed room such as cabin, assembled from wall or door panels and corner post designed for such a cabin |
| EP 2565348 | Flexible modular construction system |
| KR 101744138 | Multi-layered cube style house |
| RU 2627343 | Building of volumetric modules |
| FR 2621943 | Extendable modular house |
| DE 19623049 | Element system for house- and building construction |
| GB 637274 | Improvements relating to partitioning wall structures for buildings |
Having said that the functional features in architecture are protected through patents, can we patent the aesthetic designs of architecture in India?
The answer is NO while it is possible in United States where there are three types of patents namely utility patent, design patent and plant patent.
The next question is whether we can protect the aesthetic designs of architecture under the Designs Act of India.
Again the answer is not affirmative since the section 2(d) of the Indian Designs Act, 2000 which defines ‘designs’ does not include “any work of architecture i.e. any building or structure having an artistic character or design or any model for such building or structure”.
So, the possibility of protecting the aesthetic designs is only through copyright and the latest addition is trade mark.
Copy right protects creative works of authors, such as writers, artists, architects, photographers, directors, music composers.
According to Copyright Act 1957 Section 2(b) “work of architecture” means any building or structure having an artistic character or design, or any model for such building or structure;
Section 2(c) “artistic work” means(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality.
From the meaning of the above sections, it is understood clearly that building, structure or design or any model of such building or structure having artistic character can be protected as architectural works under copyright but the diagram, plan, chart or map of such building or structure can only be protected as artistic works under copyright.
The latest addition for the protection of aesthetic designs in architecture is through trademarks.
The design of the famous iconic Taj Hotel in Mumbai has trademark protection and also to quote the layout of the Apple store in a mall which is protected under trademarks.
Yet another facet of IPR which can be used in the field of architecture is Trade Secret. Few examples which can be kept as trade secrets are construction methods, manufacturing processes, manuals, financial information etc.
Finally, we would like to share that architecture plays a greater role in the today’s scenario in creating smart cities, sustainable building techniques or climate responsive structures which needs better, smarter and innovative architecture leading to generation of more Intellectual Property.
