Intellectual Property Rights

Intellectual Property Rights

In the digital age, intellectual property (IP) is a critical asset. For civil engineers, IP includes the designs, plans, and technical documents they create. Protecting these assets is essential for business and innovation.

Ownership of Plans and Specifications

One of the most common issues in civil engineering practice is the ownership of the plans prepared by the engineer.

RA 544 Section 23

The Civil Engineering Law (RA 544) specifically addresses this: "It shall be unlawful for any person to order or otherwise cause the construction, reconstruction, or alteration of any building or structure intended for public gathering or assembly... unless the building plans and specifications have been prepared by a registered civil engineer."

Crucial Point on Ownership: Drawings and specifications signed, stamped or sealed, as instruments of service, are the intellectual property and documents of the Civil Engineer, whether the project for which they were made is executed or not.

Types of Intellectual Property

1. Copyright:

   • Protects original works of authorship, such as literary, artistic, and scientific works.
   • Engineering Plans: Protected as "works of drawing, painting, architecture, sculpture, engraving, lithography..."
   • Duration: Life of the author + 50 years after death.

2. Patents:

   • Protects inventions, which are new, involve an inventive step, and are industrially applicable.
   • Engineering Invention: A new construction method, a new type of building material, or a new structural system.
   • Duration: 20 years from filing date.

3. Trademarks:

   • Protects signs, logos, or names used to distinguish goods or services.
   • Engineering Firm: The logo and name of an engineering consultancy.
   • Duration: 10 years, renewable.

4. Trade Secrets:

   • Confidential business information that provides a competitive edge (e.g., a proprietary formula for concrete admixture).
   • Protection lasts as long as the secret is kept confidential.

Infringement and Plagiarism

• Infringement: Unauthorized use of IP rights (e.g., copying a design without permission).
• Plagiarism: Presenting someone else's work as your own. This is unethical and illegal.