Right to use the intellectual property objects in the architecture sphere

Abstract

The article is dedicated to the analysis of current issues of legal protection of intellectual property objects in the architecture sphere. There were analyzed intellectual property rights to architectural objects.
 It is established that the subjects of intellectual property in the field of construction are endowed with both personal non-property (moral) rights and property rights of intellectual property. It is proved that the norm of Art.30 of the Law of Ukraine “On Architectural Activity” is the only special norm on intellectual property rights in the field of construction regulating the relationship of property rights to architectural objects as objects of copyright. It has been highlighed that a work of architecture is traditionally considered by the legislator as an object of copyright. It is substantiated that the use of a work of architecture most often occurs through reproduction. It is proved that the construction of a building (structure) is of triple legal nature: firstly, it is a way of project documentation use (as a primary object in relation to the actual building); secondly, it is a procedure through which a new work of architecture (really existing object of architecture or urban planning) is created; third, it is a procedure through which a new object of ownership is raised up.
 It is substantiated that the author’s right to photo and video recording of an architectural object should be considered as one of the property copyrights, as photo and video recording, in essence, are the ways of a work reproducing. It has been proven that the reproduction of an architectural object can be done by directly copying all the features of appearance, design, planning of an architectural object, and by indirect copying. As an indirect copying of an architectural object should be considered cases when the author reproduces not all, but only part of the creative features of another author’s project, while maintaining the overall style, idea of the object.
 It is established that the special patent legislation does not provide for the peculiarities of the use of inventions, utility models, and industrial designs in the field of construction. It has been proven that industrial designs often provide legal protection for the design (interior) of premises, forming a certain corporate style, so the reproduction (copying) of such an interior will be treated as a violation of exclusive property rights to industrial designs.
 It has been proved that the registration of a trademark containing an image protected by copyright can be carried out in the presence of exclusive rights to use the architectural work of the applicant.