The Relevance of Intellectual Property in Real Estate

Por: DE HOYOS KOLOFFON

A clear example of the importance of intellectual property (IP) can be found within the real estate sector. It might be assumed that having a registered trademark for the construction company or the development project is sufficient; however, the scope of protection goes far beyond the registration of the developer’s name or project brand. For instance, protection may extend to architectural works, renderings, construction processes—including materials and methods of elaboration—among other elements.

It is important to remember that IP refers to an asset that commonly carries economic value, encompassing intangible assets. In other words, just as physical products are legally recognized and subject to economic exploitation by their holders, IP also constitutes an intangible asset (such as trademarks, copyrights, patents, among others), equally recognized by law and subject to economic exploitation by its owner.

In the architectural field, for example, questions arise such as: What happens to the architect’s IP rights? Who holds ownership of the architectural work, and to what extent may the holder alter or modify the architectural project?

According to the Glossary of Copyright and Related Rights of the World Intellectual Property Organization (WIPO), an architectural work is defined as “a creation in the field of art relating to the construction of buildings.” These creations include drawings, sketches, models, as well as the building or architectural structure itself. Thus, copying blueprints without authorization, reproducing elements from an existing work, or using recognizable identities between forms, constitutes an infringement.

Furthermore, pursuant to Article 21, Section III of the Mexican Federal Copyright Law, the author of a work (in this case, the architect) has the right to demand respect for the work and to oppose any modification or distortion of it. In practice, this means that the architect may request that the project remain unaltered; there have even been cases where architects require that the façade of a project be preserved in a specific color.

At De Hoyos Koloffon®, we bring over 20 years of experience in the field of Intellectual Property. We have advised thousands of companies, including construction and real estate firms, by providing tailored and strategic guidance for the protection of their intellectual property.