IPR Newsletter – Architectural Designs and Intellectual Property Protection : February 2025

Introduction to Architectural Design Protection

In the world of architecture, intellectual property protection is crucial for safeguarding the creative and artistic efforts of designers and architects. The intricate designs that breathe life into our cities are protected under various legal frameworks, including copyright and trademark laws. This newsletter delves into the intricacies of architectural design protection, focusing on the Copyright Act, 1957; the Designs Act, 2000, and trademark considerations.

The Importance of Intellectual Property in Architecture

Intellectual property (IP) in architecture plays a vital role in fostering creativity and innovation. Architects invest significant time and effort into designing structures that are not only functional but also aesthetically pleasing. Protecting these designs through IP laws ensures that architects receive due recognition and reward for their work. Effective IP protection prevents unauthorized copying or exploitation, promoting a fair competitive environment. It empowers architects to commercialize their designs, attract investment, and establish a prestigious reputation in the industry. Ultimately, robust IP laws drive architectural advancement and safeguard cultural heritage.

1)   The Copyright Act, 1957 and Architectural Works

Under India’s Copyright Act, 1957, “work of architecture” is defined as buildings or structures with artistic designs, or any models for such buildings. Section 13 extends this copyright protection to artistic works, including architectural designs, ensuring that architects’ creative expressions are legally safeguarded. Copyright for architectural works lasts for 60 years after the author’s death. Architects and owners are encouraged to apply for copyright protection to bolster their legal standing, although protection may not be comprehensive.

Fair Use Doctrine for Architectural Works: –

The Act enshrines the concept of “fair use”, allowing certain uses of copyrighted architectural works without infringement. Notably, Sections 52(s) permit paintings, drawings, engravings, or photographs of these works and their inclusion in films, provided they are publicly accessible. Section 57 provides moral rights either to the author of the architectural design or to the architect Section 59 restricts remedies, barring injunctions to halt construction once underway, with recourse limited to monetary compensation.

D.B. Bhargava v. Housing Development Board, [2015] 6 SCC 608 

In order to gather proposals for building their new housing project in Delhi, the Housing Development Board held a competition in 2007. Mr. D.B. Bhargava entered the contest, and the housing development board chose his design. He also supplied the thorough planning. Nevertheless, the housing development board eventually changed the idea and hired a different architect to build it using Mr. D.B. Bhargava’s layout without getting his approval.

The home development board objected, claiming that it wasn’t an original work and that by entering the competition, he freely gave up the rights. He brought the copyright infringement lawsuit. The court confirmed that architectural plans are protected under the 1957 Copyright Act as artistic works and determined that utilizing the plan without his permission constituted a copyright violation.

2)   Trademarking Buildings for Brand Protection

Trademark protection for buildings requires ownership by an individual or business and a connection between the building and a brand. Trademarks can prevent exploitation and enable financial benefits. To trademark an iconic building, it must possess a unique design associated with a brand and be owned by the applicant. This protection shields a building’s image from unauthorized use in branding, ensuring legal recourse in disputes.

Trademark Infringement and Architectural Design: –

Trademark infringement can occur when a building’s image is used non-editorially, such as a fast-food chain adopting the design of a trademarked restaurant. Image trademarks must be distinct and graphically represented. This emerging concept in India faces challenges but offers recognition and prevention of imitation.

Key Considerations for Trademarking Iconic Buildings

• Distinctiveness:

The building’s design should be unique and easily identifiable from other structures in the area, standing out in a way that clearly associates it with a specific brand or business.

• Commercial use:

The building must be used in connection with a specific good or service to qualify for trademark protection; it can’t just be a unique architectural design without a commercial purpose.

• Graphical representation:

The building’s design needs to be able to be accurately depicted in a two-dimensional format for trademark registration.

• Functionality limitations:

While unique design elements can be trademarked, purely functional aspects of a building like necessary structural features might not be eligible for protection.

• Public perception:

Consider how the public perceives the building and whether it is already widely recognized as a landmark or associated with a particular brand.

• Legal restrictions:

Check local laws and regulations regarding architectural design and trademark protection, as some unique designs might be considered part of the public domain.

• Prior art:

Before filing a trademark application, conduct a thorough search to ensure the building’s design doesn’t closely resemble any existing registered trademarks.

Examples of buildings that might be eligible for trademark protection:

• A company headquarters with a distinctive architectural style
• A famous hotel with a recognizable facade
• A retail store chain with a consistent building design across locations

Examples of Trademarked Buildings

• Taj Mahal Palace Hotel, Mumbai
• Bombay Stock Exchange Building, Mumbai
• Empire State Building, New York
• Chrysler Building, New York
• Eiffel Tower, France
• Sydney Opera House

 

3)   The Designs Act of 2000: A Framework for Protection

The Designs Act, 2000 governs the registration of architectural works under classes 25-03 and 25-99. Registration under this Act is vital, as it provides protection for the aesthetic features of a building, including shape, pattern, and colour, which the Copyright Act might not cover comprehensively. Registration is mandatory and overrides copyright protection if a design is reproduced over 50 times.

Holland L.P. & Anr. vs A.D. Electro Stell Co. Pvt. Ltd. CS (COMM) 83/2017, Delhi H.C. April 26, 2017

In this case the Delhi High Court faced a comparable situation, the plaintiff was asserted to have the right to convert an artistic work from a two-dimensional artistic work into a three-dimensional construction referring to the material in the Copyright Act Sections 2(c) along with 13. In accordance with Section 15(2) of the Copyright Act it was argued that “drawings” specifically may be covered by copyright, in which case the plaintiff would keep the copyright. However, the Court rejected the grounds put out by the Plaintiff. It was determined that if a design is copied more than fifty times using any industrial means, the copyright is lost and the design becomes public domain, even though the drawings may be registered under the Design Act.

Process of Registering under the Designs Act: –

To register a design, the applicant must submit an application, detailed drawings, and relevant information. The Design Office examines and publishes the application. If no objections arise, the design is registered for a 10-year period, with possible extensions.

Benefits and Strategic Use of the Designs Act: –

The Designs Act acknowledges architectural designs as intellectual property and ensures designers receive recognition and compensation. It is particularly useful when unique features of a building are at risk of commercial exploitation.

4)   Exploring the “Freedom of Panorama” Concept

The European Union’s “Freedom of Panorama” allows for non-commercial use of architectural imagery in public spaces. This concept is mirrored in India’s Copyright Act, allowing tourists to photograph iconic structures like the Taj Mahal for non-commercial purposes.

5)   Benefits of Protecting Architectural Designs

Protecting architectural designs in India can benefit the community, the designer, and the company.

Community benefits

• Economic benefits: Protecting designs can boost the local economy through tourism.
• Social benefits: Protecting designs can make a community more attractive to live and work in.
• Cultural heritage: Architectural works can symbolize cultural heritage and civic pride.

Designer benefits

• Exclusive rights: Protecting designs gives the designer the right to use their design and prevent others from using it without permission.
• Creativity and innovation: Protecting designs can foster a culture of creativity and innovation.

Company benefits

• Attracts investment: Protecting designs can make a company more attractive to investors.
• Incentives for research and development: Protecting designs can create incentives for companies to invest.

6)   International Conventions on Protection of Architectural Designs

According to Article 2(1) of the Berne Convention, 1886 Countries are required to protect works of “architecture,” “three-dimensional works related to architecture,” and “any other works of architecture.” A “work of architecture” is defined under the Berne Convention only as one that is “integrated in a building or other structure,” but the convention does not specify what constitutes a “work of architecture.”

Accordingly, in a landmark decision that established India’s copyright system, the Hon’ble Court ruled in MRF Limited v. Metro Tyres Limited, CS (COMM) 753/2017, Delhi H.C. July 1, 2019, that infringement could encompass more than just copying; it can also include any kind of imitation or replication of the original work. Without going into additional detail about what constitutes an architectural work.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) explicitly recognizes the Berne Convention’s need for architectural copyright protection. Except for Article 4, which lists “plans, drawings, and artistic works connected to architecture,” the Convention of 1886 does not apply to architectural works.

Concluding Thoughts

For architects and owners, understanding the interplay between copyright, trademarks, and design registration is crucial to protecting their creative work. As architectural designs form a significant part of a brand’s identity, leveraging these legal frameworks ensures their innovation remains respected and secure. In the architecture industry, the IPR definition incorporates ownership only for design innovations and not for construction methodologies It would be incorrect to state that architectural structures are limited to the extent of their functionality or purpose.

As a result, there is a lack of knowledge and discussion around the topic of protecting architectural masterpieces. Architects and designers are often ill-equipped to safeguard and enforce intellectual property rights in their work.