Ownership of Plans and Specifications
Implications of IP Ownership
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Types of Intellectual Property
Forms of IP Protection
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Key Takeaways
- Copyright protects literary/artistic/scientific works for life + 50 years.
- Patents protect novel inventions for 20 years.
- Trademarks protect signs/logos and are valid for 10 years but can be renewed indefinitely.
- Trade Secrets protect confidential business formulas and have no specific duration.
Infringement Interactive Scenario
IP Scenario Simulator
You are a client who just received a completed set of architectural and engineering plans for a custom house. You loved the design so much that you want to use the exact same plans to build an identical house for your sibling in another city. What should you do?
Infringement and Plagiarism
Example
Scenario: The Stolen Design
A prominent real estate developer visits an open house for a highly distinctive residential model unit designed by Firm A. The developer loves the design, takes detailed photos, and hires Firm B to replicate it on another site, without obtaining permission or paying Firm A.
Application: This is a clear case of Copyright Infringement under the Intellectual Property Code (RA 8293). Architectural and engineering designs are protected works from the moment of creation. Firm A holds the exclusive right to authorize the reproduction of their design. Both the developer and Firm B can be sued for damages and face criminal charges.
Copyright in Civil Engineering Works
Example
Scenario: Modifying the Plans
An owner legally purchased a set of structural plans from an engineer for a two-story commercial building. Halfway through construction, the owner decides to add a third floor and hires a different draftsman to modify the original engineer's drawings without consent.
Application: This violates the original engineer's Moral Rights (specifically the right to object to any distortion, mutilation, or other modification of the work). Even though the owner paid for the physical plans, they do not own the copyright and cannot unilaterally alter the structural design, which also poses severe safety risks and violates RA 544.