BIM | Reading Time 2 min

BIM and Intellectual Property

Diego Ganeo, 1/18/2021

With reference to the use of the BIM methodology, one of the issues characterized by evident critical profiles is undoubtedly the issue of intellectual property.

The perplexities raised in the doctrine are different. On the one hand, since the BIM project includes multiple contributions made by different operators, each operator could probably claim a legitimate claim of authorship on the final work. On the other hand, since the BIM project is a product resulting from the collaboration of several operators, it is argued that the authorship of the final work actually belongs to the client rather than to the individual operators who contributed, in partial measures, to the realization of the final result.

Therefore, a series of questions that are far from obvious emerge. First of all, there is a need to clearly identify who is entitled, among the various operators involved, to have ownership of the right of ownership of the intellectual work created. Secondly, it appears essential to protect the rights of the contractors or the client from the future reuse of the original work by third parties. Finally, it is essential to distinguish the concept of ownership of the intellectual work from the concept of use of the patrimonial rights deriving from the intellectual work.

These are three different issues that will necessarily require an accurate contractual discipline, through the insertion of specific clauses that provide in detail the protections to be attributed to the client and to the intellectual work provider.

SilentWave, by combining legal skills with the technical experience gained in supporting BIM processes, is able to offer clients, architects, engineers and designers timely and effective assistance on the subject, thus satisfying every need for the protection of intellectual property. Contact us!