First, the building itself is a work, and the design of the building work can apply for copyright protection, and the appearance of the building can apply for the protection of the appearance patent.
Second, if it is a real estate developer, if it is a named project or project, these development projects can apply for trademark protection. Wait a minute. . . . . . . .
Third, the architectural design scheme can be used as the trade secret protection of the construction industry.
Why can a building apply for a design patent?
Paragraph 3 of Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates that the term "design" in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application based on shapes, patterns or their combinations, as well as combinations of colors, shapes and patterns. This clause stipulates the object scope of patent protection for design, and only designs that meet the above attributes can obtain patent protection for design. The first thing a building catches people's eye is its appearance, and we can feel its connotation through its appearance. Nelson Goldman said in The Position of Philosophy in Art: "Architecture is a work of art only if it has the function of marking, conveying meaning and symbol to some extent." Architects often express their architectural image through the appearance of buildings. For example, after le corbusier proposed to design Langxiang Church as "God's hearing organ", he made full use of his accumulated experience and feelings to determine the original architectural image more sensibly. When Gary designed a prison, he turned the architectural image into a "fish and snake" with his own accumulation and imagination of natural forms, which made the architectural image symbolic. The appearance of these buildings has changed the image of churches and prisons in the past, which is refreshing. Some people may think that because of the lack of movable property, buildings cannot be mass-produced and are not suitable for protection as industrial products. We believe that the first criterion for judging industrial products is not whether they are movable property, but whether they can be produced by industrial means. Buildings can obviously be built by industrial methods. Secondly, whether it can be mass-produced cannot be an obstacle for buildings to be protected by design patents. On the surface, due to many factors such as geographical environment, the building cannot be mass-produced. However, the characteristics of the building itself determine that many large designs are composed of many details, and these components are not limited by the big environment and can be used in many different occasions. This is especially obvious when architects design doors and windows, stairs and decorative patterns. Therefore, buildings can not only be protected by design patents, but also have unparalleled advantages in protection. Patent application right is a unique concept in patent law. Only those who have the right to apply are qualified to obtain the patent right, so the determination of the subject of patent application right is the premise and core content of the determination of the subject of patent right. According to Article 6 of China's newly revised Patent Law in 2008, the right to apply for a patent for a service invention-creation belongs to the unit in principle, but if there is a contract stipulating the right to apply for a patent and the ownership of the patent right, such agreement shall prevail. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer Article 8 stipulates that unless otherwise agreed, the right to apply for a patent belongs to an invention-creation jointly completed by two or more units or individuals, or an invention-creation entrusted by other units or individuals. According to the professional system of architects in China, architects' creative activities are based on design units, so architectural appearance design should belong to service invention. Although most buildings are designed by design units entrusted by real estate developers, if there is no agreement, the patent applicant for design should be the design unit. After the application has passed the examination, the patentee of the design is the design unit.