China and Architecture IP

• Architecture & IP rights

  IP protection for architectural designs in China most commonly relies on copyright and related rights. Protection is under the Chinese Copyright Law for “architectural works”, mostly for drawings and models. Works should be original, replicable and aesthetic. The use of raw materials; elements of designs common to other buildings of public spaces; and building interiors are generally not protected by copyright law in China.

• Design rights

  Are provided a protection for novel and aesthetic external appearances of buildings.

• Patents/utility models

  Are available for functional and inventive elements of buildings. Thus, patents and designs should be  novel (i.e., new), patent, utility model and design applications are potentially need to be made before buildings were constructed or models of the building were published/exhibited.

• Trademark

   protection should be obtained for company, building or other names. Trade marks typically indicate the source of products and can help build a reputation amongst potential business partners and commissioning entities.