Architecture involves the design of floor plans, elevations, 3D views and numerous other aspects requiring careful thought. Architects spend valuable time ensuring that their designs are innovative and specific to the requirements of each client and project. One of the common problems faced by them is the copying and use of their designs by rival organisations for monetary benefits. Intellectual Property Rights offer an efficient way of protecting the artistic innovations of architects by preventing their use and misuse by anybody other than the rightful owners.
Read on to learn more about what exactly Intellectual Property Rights are, their types, significance, process of application and consequences of violation.
What are Intellectual Property Rights?
An Intellectual Property (IP) can refer to any type of intangible asset created by application of the mind, including but not limited to literary and artistic work, designs, inventions, symbols, emblems, titles and pictures. Intellectual Property Rights (IPR) are legal registrations to certify the ownership of such properties and prevent their misuse. They guarantee the rights of the owner to use and sell their designs for specific and defined periods of time and violation or infringement of these rights can lead to prosecution and imposition of serious penalties on offenders. In the architecture industry, the IPR definition incorporates ownership only for design innovations and not for construction methodologies.
Importance and Benefits of IPR
Registration of IPR provides several benefits that make them an important asset for designers, including architects, such as:
- Ownership of Design Innovations
An IPR is a legal certification that a person or organisation is the rightful owner of specific intellectual properties, including architectural designs, and therefore retains the right to reproduce, sell or use his/her work as required or desired.
- Protection of Business
Intellectual Property Rights prevent rival organisations or any other individuals from copying, using or misusing registered designs for commercial gains. This helps architectural organisations with original and innovative ideas to retain their market share and preserve design integrity.
- Financial Benefits
An IPR helps the rightful owner increase his/her monetary gains by marketing, selling, licensing and international exporting of their designs. It can also be used for obtaining funding from private or government organisations and banks.
Types of IPR Protections
Intellectual Property Rights for architecture in India are protected mainly by three governing Acts.
- Copyright Act (1957)
A copyright can be granted to “any building or structure having an artistic character or design, or any model for such building structure”. All non plagiarised, original architectural works or designs can be registered for copyrights.
- Trademark Act (1999)
A trademark, commonly called a watermark, is defined by Indian Law as “a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others”. This can include logos and other distinguishing graphics used by architectural studios or organisations and are important business assets.
- Designs Act (2000)
This is similar to the Copyrights Act, but also provides protection to architectural designs that have been produced more than 50 times, in which case the Copyright Act becomes invalid. A design under this Act is defined as “a shape, configuration, pattern, ornament or composition of lines or colours applied to any article which may be two or three dimensional”, thus covering all forms of architectural designs.
Process of Applying for IPR
The Controller General of Patents, Designs and Trademarks handles IPR related to the Design Act and Trademark Act, while the Copyrights Office under the Government of India (GoI) handles rights with respect to the Copyright Act. Each of these Acts has different processes of application, as explained below.
- Registration of Copyrights
The Copyrights office affiliated to the Human Resources Department of GoI collects applications for registration of copyrights which can be submitted offline or online. Applications must include the appropriate identity proofs of applicants along with copies and documents of the design works. The application is then scrutinised and verified by the department, after which a registration certificate is issued. The process can take around 30 days for completion and cost around ₹500 for each design work.
- Registration of Trademarks
Applications for registering trademarks can be submitted to the Trademark Registry of India online. After submission, the department scrutinises and verifies the validity of the application documents and then publishes it in the Trademark Journal, which is open to objections from third parties for three months. In case of no objections, the trademark is officially registered. The whole process can take around 18 months for completion and costs between ₹4,000 to ₹10,000 for each registration.
- Registration Under the Design Act
For registering under the Design Act, applications must be submitted to the Patents Office, accompanied with the requisite identity proofs and copies of design documents. It is then scrutinised by the Controller General of Patents, Designs and Trademarks and published for public scrutiny. Registration of the design is completed in case of no objections being raised. This process can cost around ₹1000 to ₹4000 and the registration is valid for a period of 10 years with a provision for renewal for an additional five years.
Consequences of IPR Infringement
Infringement refers to the use of intellectual properties without the consent of the rightful owners. In India, cases of infringement or violation of IPR can be filed in civil and criminal courts. Civil cases can be filed for violation of all types of IPR, while criminal cases can be filed only for Trademark and Copyright violations.
Civil courts can order authorised personnel to enter the premises of the accused (only in serious cases) along with the seizure and destruction of infringed material. They also award financial remedies to compensate for the loss in profit and for damages caused.
Criminal courts impose more serious punishments to offenders, including imprisonment of up to 3 years along with fines ranging from a minimum of ₹50,000 and going up to ₹2 lakhs.
Architecture is a field that is an intersection between art and science, creativity and technology. While science and technology cannot be restricted and must be given free reins to ensure development, artistic and creative innovations need to be protected by their owners. This is essential to give value to the efforts of designers and foster innovative thinking. Intellectual Property Rights thus encompass a way to protect artistic creations and punish those who misuse them, preserving the respect and integrity of these innovations that have intangible values.