WORKING GROUP ON INTELLECTUAL PROPERTY IN ARCHITECTURE
AND DESIGN

P. A. Zhbanov, Pro-Rector of MARHI for Project Management and Educational Work:
- There are more questions than answers in the topic of intellectual property (IP). We seriously ask ourselves the problem of IP protection in architecture. We face this problem in MARHI, in RAASN. A large number of our archbureaus are forming a serious request for the formation of educational content in the field of IP. We have already gained a lot of experience in patenting, but only in relation to products. The subject of architectural image is quite common in our architectural environment. What to do with this subject as an IP product? So far there is no answer. The task at this stage is to form the main vectors, directions on the IP subject in the form of architectural image.

О. I. Tereshchenko, Dean of the Law Faculty of the Russian State Academy of Intellectual Property (RSAIP), Associate Professor of the Department of Patent Law and Legal Protection of Means of Individualization, Ph:
- Architects think about IS secondary. But in order for legal regulation to proceed comfortably, we must take the side of the creator. From the position of the legislation, Part 4 of the Civil Code of the Russian Federation, architecture has a triple regulator. Firstly, the Civil Code of the Russian Federation tells us that works of architecture are an object of copyright. But when we start moving already to patent law, we see that some architectural elements, forms can be patented from the position of technical solutions. And then the legislation will apply to them in terms of inventions, utility models. It is also important to take into account the exception that exists in our legislation - as an invention and utility model can not be patented solutions relating solely to the appearance. That is, in this case we are talking about certain design solutions.
The international classification also includes objects of architectural form, to which ground construction can be referred. And we see that here we are not talking about the design aspect of creation, but about the technical result achieved. For example, an arch bridge has a technical result, it solves some technical problem. But if we still want it to be attractive in appearance, to fit into the landscape, to create a certain look, then we need to talk about patent law and means of individualization. Industrial designs just protect the appearance, design solution of the created product. Indeed, the appearance of original architectural structures and more simplified forms are patentable. In my presentation there is an example of a gas station, the design of which is patented as an industrial design. That is, in general, the legislation allows us to do this, and in this case the design is protected. Another question is how wide the boundaries of this protection are.
And another very important aspect is the very appearance of architecture as a trademark. This differs substantially from the objects of patent law. Firstly, because it is not tested for world novelty, and secondly, we can afford within this framework to protect not only the building itself, but also its solution as small simplified forms when we use it in souvenir products, for example, we sell souvenir figurines of a building or a structure. That is, we are trying to commercialize our design solution.

In the example of Moscow City - and we know that this is one of the most discussed decisions of the last decade in our capital - the appearance itself has been repeatedly attempted to be registered by different persons, including sole proprietors. At the same time, different companies manage different towers. So far, no one has been able to register a complete image. Rospatent rejects the application each time, believing that in this case the consumer will be misled, since this project is managed by several companies. But individual houses and buildings exist as trademarks. For example, the MC has registered the look of Empire Tower, there is also registration of Mercury Tower, and in a simplified form, Federation Tower. Note that in 2006 an application was filed and the trademark was registered together with the spire, although we know that the spire was later dismantled. The trademark has ceased to be valid, i.e. it has become uninteresting to the right holder. Separately, Gazprom has registered a three-dimensional trademark in the form of Lakhta Center in various forms for possible commercialization. The Christ the Savior Cathedral Foundation obtained the right to the image of a famous cultural heritage site so that there would be no speculation on its image. The same can be said about the Kazan Kremlin - each individual structure is registered to the State Budgetary Institution "State Art Museum-Reserve".

С. Y. Matveev, President of the Intellectual Property Federation:
- Intellectual property is a property like any other. This is the right to own, to dispose, and it permeates modern economy and culture. Whatever thing we take, there is always something created by creative labor. Having understood for many years that the IP sphere needs development, we have gathered into one federation those branches, industries and organizations that are interested in the development of this institution. This is a very wide range of organizations. Now we have reached architects, who often ignore IP and are tormented by it.
The second important point is that IP law protects just three things - beauty, utility, and impact on people. Architecture is an amazing industry, which creates beauty, uses technical solutions and technical possibilities, accordingly, there is a place for patent law. And buildings, when they appear in the urban environment, become symbols - of cities, countries and so on. So all three types of IP - copyright, which initially arises on that very architectural image; patent right on the technical solution that may underlie the design of that building; and finally symbols, trademarks, means of individualization.
This is why architecture creates a huge amount of IP. Why are architects skeptical about IP? Because most often interesting objects that have a unique solution are not reproduced, but are created only once. So unlike merch or industrial design of an object, which are usually replicated, architects commercialize the solution once, handing over the IP to the client.
But there is a nuance here. If he just transferred images, works to the customer under a service contract, then it is an ordinary service. But if he hands it over as an IP object, the architect has the right to keep his object intact. And this is the most important part, because copyright includes personal non-property rights. And no developer or owner who decides to add a turret to a building can do that, because he violates the right of the architect. And these personal non-property rights are inalienable! You can give the exclusive right of use to the developer. Your personal non-property rights and the right to your name, to keep it intact cannot be transferred. So any changes must be made with the consent of the architect. I appeal to my young colleagues. You will create a lot, and your reputation will follow you. And someday you will feel that every remodeling of your work hits your design, spoils your reputation. Think about this in advance.
Architecture is a field where rights should work, at least as non-property rights. And then there is photography, duplication, commercialization - this can be done now too, and it works quite well.

Н. A. Klimova, Head of the Organizing Committee of the Kuzmin Council of Chief Architects of Russian Federation Subjects and Municipalities of the Russian Federation, Advisor to the RAASN President:
- We already see in Moscow and in other countries situations when the architect withdraws from the project when the developer plans to change the object without approval. A similar example was given in Bishkek at the forum, when the architect withdrew from the project because of the changes made without consulting him.


С. A. Smirnov, Vice-President of the Union of Designers of Russia, Director of the Center for Research and Innovative Developments of S.G. Stroganov Russian State University of Arts and Crafts, General Director of Smirnov Design:
- The issue of IP rights of employees of universities. For example, I work at a university. And in my job description it is written "creation of works, etc.". Accordingly, material rights are alienated under the LC for all assignments. The situation with students who are not employees of the university is more complicated. It is difficult to even distinguish which sketch is a student's and which is his personal creative work.
There are a lot of questions about the contracts concluded by university lawyers. This issue needs to be put in order. This is a serious strategic issue. We need to create the mechanics of interaction.
We, as the Union of Designers, are also very concerned about the low culture of interaction between designers and clients, consumers of their services. We have a standard practice of plagiarism, borrowing, including with the wording "I was just inspired by your work, and you should be pleased". Sometimes the situation reaches absurdity - a designer who on one forum complains that his sketches and photos of interiors have been stolen, on another forum asks the manufacturer if he can make a copy of an Italian sofa.
Of course, it needs to be changed. For example, a scandalous situation is unfolding right now. Elina Tukhamysheva, a very famous object designer, she has very famous object solutions - lamps made on the basis of the architectural solution of the Transfiguration Cathedral of Kizhi. And these lights were incorporated into the project at the Russia exhibition at VDNKh. The contractor decided that it would be more convenient for him to make a copy rather than use the work of an official contractor. And what an interesting excuse he had: I can't break the contract, I don't have time to make the lamps in the "right" place. That is, you can't break the contract, but you can easily violate copyright. This is a very striking indicator.
We need all institutions to carefully and assertively change this situation.

D. V. Pototsky, lawyer, member of the Expert Council on Copyright of the Union of Architects of Russia:
- My task is to inform about such an effective tool for protecting rights, created by the Union of Architects, as the Register of Works of Architecture, Urban Planning, Garden and Park Art and Urban Design. The system has been successfully operating since 2012 within the framework of the ATS. The register is open to all authors, not just ATS members. Any creator of works of architecture can apply to the ATS for inclusion in this register and obtain a copyright certificate.
What is it necessary for? Traditionally, copyright objects do not require any formalities, state registration, the right to them arises by virtue of their creation by independent creative labor of the authors of these works. Thus, if a work is created, it is already protected by law. On the other hand, the law on copyright protection does not exclude voluntary registration. For some works, for example, for computer programs, it may even be state registration. For all others, we have an opportunity to use various mechanisms, including the services of public organizations for depositing and registering copyright.
Traditionally, the most recognizable entity is the Russian Copyright Society, which, in addition to artistic works, also registers architectural projects, works of architecture. There are other well-known organizations. The Copirus Society, Bona Fides, other organizations. But the specificity of the ATS is that it is a professional register for works of architecture.

Yes, in a number of cases they can be protected by patents, but mostly it is an object of copyright. The Civil Code of the Russian Federation uses the term "work of architecture in the form of images, projects, layouts", and the Law on Architecture of 1995 uses two terms: "architectural projects" and "architectural objects". The most important thing that characterizes them is the presence of an architectural solution. And the architectural solution is the cornerstone of how a work of architecture differs from other objects. For example, works of architectural graphics or architectural plastics, which do not contain an architectural solution in due measure, but simply reflect aesthetic components, and can not be qualified as a work of architecture.
Architectural solution is a creative idea of the architect, which determines the essence of the architectural object, its external and internal appearance, spatial-planning functional part. It is reflected in the construction documentation and may or may not be realized in a built architectural object.
Within the framework of the registry is not a simple deposit, but a special commission that determines whether there are signs of an architectural solution, the work, which is submitted for the issuance of a copyright certificate. Yes, we refuse some applicants.
Of course, this is also copyright protection. Since the persons submitting the application sign a statement that the rights of third parties are not violated. All these applications are reviewed and verified, and a copyright certificate signed by the president of the ATS is issued. The register is public and open. Any person who applies to the ATS can get information about who is the author or a member of the author's collective, the date of creation, and if the work was created by order, data about the customer. It increases much more the protectability of the works that are entered into this register. And in the case of a legal dispute, this information can be provided digitally at the request of the court. In some cases, the ATS is involved in legal disputes as a third party. This increases the security of the object.
For example, in 2023, the ATS was sued by the Maltsev Architectural Workshop, which claimed an exclusive right to an architectural work of a residential complex at the stage of applying to the CIP. The court supported the architects. There are also several cases in process now where copyright certificates have been issued. For example, Mamoshin Architectural Workshop - a lawsuit to recognize the rights to the project of the new stage of the Theater of Europe (the new stage of the Bolshoi Academic Theater). That is, it is an effective tool that can significantly facilitate the task of protecting rights in legal disputes.

H. A. Mamadzhanov, PhD, Professor, Corresponding Member of the Russian Academy of Natural Sciences, Deputy Director General of the Federal Institute for Certification and Valuation of Intellectual Property and Business (Moscow), Member of the Board of the Russian Society of Appraisers:
- I would like to emphasize the economics of IP. When they talk about IP, they only talk about protection and defense. We understand: an unprotected result of intellectual activity is not property, so both the author and the right holder cannot expect to receive economic benefits.
From the economic point of view IP is worth as much as it generates income. In the USSR there was a point of view that the very result of creativity is quite satisfying for a creative person. It has not thought about what money lies behind these results. Today it is not a shame to earn money with one's IP. Therefore, does it make sense to engage in protection and defense if there is no money behind them? Of course, first of all, it is necessary to ensure protection, at least by voluntary registration.
The author can transfer the property rights to the work, but he still has the right to remuneration. A separate important issue is maintenance, author's supervision.
Besides, nowadays the entertainment industry is developing a lot. With the use of architectural works make souvenirs, toys, MAFs. Therefore, the question is how the IP result will be used. Is a nice piece of paper saying that you are the author of this project enough for you? Is it enough satisfaction? But if there is money behind it, reproduction, it is a different situation, it is an industrial design and organizations must conclude an agreement on the right to use.
An important issue is control over the use of IP. Example of RAO - they control the use of IP in show business and go to court in case of its infringement. The system of IP valuation in Russian courts is also important.

Н. S. Turubar, General Director of JSC "NRIS":
- There are simple effective means of pre-trial protection - escrow. Our ecosystem includes many protection services, for example, ArtCloud, created specifically for image protection - for artists, designers and photographers. All sketches and working documents can be deposited.
We protect all types of IP. We have more than 500 depositions per month, we have more than 30000 users. The principle of escrow is in the presumption of authorship, copyright arises at the moment of creation. However, if you see your product being used illegally, you will have to prove that it is your IP. This is what the escrow service was invented for.
When you use this tool, you deposit your object before displaying, showing it to anyone. Either passport data or company details are recorded, and the time of deposit. In fact, it is analogous to notarization or the very common practice of sending registered letters to oneself in the USSR, which was especially important for writers (it is with a registered letter that passport data are recorded, and the postmark fixes the date of sending).
We have utilized this technology and implemented it in a technologically sound manner. We are the most technologically advanced escrow company in the RF, operating in 2016. In over 200 court cases involving our escrow certificates, we have not lost a single one. We are part of the RCIS.RF network, which was created by the President's order to record transactions on the IS and we write all the data on deposits to this network, because we are its node.
The process looks very simple. You move the file with your mouse to the escrow field. At the next stage, you describe what the file is about, who the author is, who the copyright holder is, and you receive an official document of deposit in paper or electronic form. Most importantly, when you upload a file, it's encrypted. We are the only ones who encrypt the file. So there can be no leakage from us. The staff of our service does not know what you put there. When opened in court, the box is opened and decrypted. We have secure encryption, plus we copy each file three times - we use a three-fold backup with geographic distribution. All data about the files goes to the RCIS.RF blockchain network.
What's deposited with us? 37% are miscellaneous texts. As a rule, architects deposit everything in PDF, but we also accept 3D objects, archives and any pictures.

Maria Yashenkova, head of the organizing committee of the International Congress of Young Architects and Designers:
- Our Congress will be held from September 17 to 20 on the site of MSCU. This will be a large-scale event with a complex agenda and diverse participants. The Congress is attended by representatives of public authorities, developers, architectural firms, and we have also invited young architects and designers. Our event is supported by a number of government agencies, public organizations, and universities. It seems to us that it is public organizations and universities that form such an intellectual and communicative framework on which our interaction is based. And which allows the professional community to grow. It is impossible to solve emerging issues only with guidance.
We will talk about this at the Congress. We are expecting a large number of foreign participants, primarily colleagues from the CIS and BRICS countries. One of the main topics of our Congress will be the youth business of architects and designers. Students, future architects and designers learn a lot about their profession during their studies, but often they simply have nowhere to learn about the business. And when a young architect goes out into life, he realizes that he lacks such knowledge. In the current realities, when many things are changing, it becomes a real challenge. That is why it is important for us to give young professionals the tools to develop their business on the Congress platform. This includes being able to defend their IP. There is another important topic: the aspect of using IP as collateral for obtaining financial instruments and developing one's business. This direction is now being actively discussed. And we would like to promote the development of such a business tool in Russia.
We are also planning to discuss such an issue as the development of young architects and designers with their business outside their country. Including gaining international experience and practice. This is very enriching for novice specialists. Their awareness is growing, there is some cultural over-pollination. And - yes, here again there is the issue of protecting one's IP. In many countries where the practice of IP protection is developed, they are very attentive to the registration of IP rights. Those young architects and designers who aim to work in different countries should be knowledgeable in IP protection issues, taking into account international experience. In conclusion, let me remind you once again that within the framework of the Congress we are holding an international competition "Step Beyond Borders". We have a rather ambitious project, and we invite young architects and designers to participate in it.