Author: Cheng, Chat Yue
Title: An analysis of intellectual property rights under building information modelling (BIM) standard contracts in Hong Kong
Advisors: Li, Xiao Shell (BRE)
Degree: M.Sc.
Year: 2022
Subject: Building information modeling -- China -- Hong Kong
 Intellectual property -- China -- Hong Kong
Construction contracts -- China -- Hong Kong
Hong Kong Polytechnic University -- Dissertations
Department: Department of Building and Real Estate
Pages: 52 pages : color illustrations
Language: English
Abstract: The evolving Building Information Modelling (BIM) technology has gradually changed the procurement and form of construction projects. The collaborative and coordinating nature of BIM allows project parties to work more effectively and efficiently on all stages of construction projects. However, the usage of BIM would inevitably bring about the issues of intellectual property rights. In Hong Kong, intellectual property rights are well-established as in other countries. Intellectual property rights are the rights to persons over their creation of minds that are protected both statutorily and contractually. In statute law, there are both local and international laws covering wide-ranging intellectual property rights, including copyrights, patents, trademarks etc. Contractually, parties might also be free to agree to transfer, assign or transmit intellectual property rights in the regime of the statue law.
In the construction industry, it is common for parties to attempt allocating such intellectual property rights by adopting standard contracts as their agreement. In traditional construction projects, project parties might not put much focus on the negotiation of intellectual property right clauses because limited form of design documents was available in the past and parties might not be aware of the associated intellectual property liabilities and obligations. With the advancement of BIM technology nowadays, together with the implementation of different forms of intellectual property, it is essential for project parties to understand what they are entitled to under both applicable laws and standard contract prior to conclusion of the contract.
On account of the recently published standard BIM contracts by various construction professional bodies in Hong Kong, this research aims to explore and analyze the allocation of intellectual property right in these standard BIM contracts. To achieve the aim, this research will focus on the following 5 issues, including (1) to identify and explore the general legal principles of intellectual property right in Hong Kong law; and (2) to further highlight the applicability and importance of intellectual property right involved in the adoption of BIM in construction projects; (3) to analyze and explore the intellectual property rights under various standard non-BIM and BIM contracts in Hong Kong; (4) to forecast any potential dispute concerning intellectual property rights under the standard BIM contracts; and (5) to identify any potential amendments to the intellectual property right clauses in the standard BIM contracts. Finally, the research will provide a shortlist of practical recommendations concerning potential intellectual property rights issues arising out of the standard contracts for practitioners in the construction industry to consider in case where the BIM standard contracts are to be adopted.
Rights: All rights reserved
Access: restricted access

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