Industries
Engenering, construction and building materials
In the construction industry, competitive advantages are often created through experience, methods, technical solutions, project data and relationships, not just through the physical buildings that are constructed. As the market tightens and margins shrink, it becomes crucial to protect trade secrets, ensure ownership of drawings, BIM models and innovations, and have control over intellectual assets that create future profitability.
In the construction industry, the most important values do not necessarily lie in machines, materials or finished buildings. For many companies, it is the knowledge, methods, drawings, BIM models, customer insight and technical solutions that create the real competitive advantage. As margins are squeezed and competition intensifies, it becomes increasingly important to identify, secure and protect these intellectual assets.
Industry team
Our teams have in-depth multidisciplinary expertise on the legal and technical IP challenges in your industry.
Adam Taylor
IP Consultant, European Patent Attorney, Partner
Intellectual assets in the building and construction industry
Many companies in the industry are not aware of how much intellectual assets they actually possess. The values often arise through long experience, innovation and project implementation, and can be crucial for the company's competitiveness.
Typcial intellectual assets:
• Trade secrets such as calculation models, working methods, pricing strategies, customer information and project management systems.
• Copyrights to architectural drawings, technical drawings, BIM models, visualizations, documentation and other project-developed information.
• Patents and technical solutions related to construction methods, construction technology, materials technology or specialized equipment.
• Know-how and experience developed through many years of project implementation.
• Trademarks that are often decisive in tender competitions and choice of partners.
• Data and digital models, which are gaining increasing value as the industry digitalizes.
For many businesses, the question is not whether they have intellectual assets, but whether they have identified them and secured the necessary control over them.
Important IP challenges in the building and construction industry
When employees or partners bring knowledge with them
In a project-based industry, expertise is closely linked to individuals. The challenge arises when employees bring more than general experience with them when transitioning to competitors or establishing their own business. Drawings, calculations, customer data, project methodology and other sensitive information can represent significant value.
Who really owns what is being developed?
Projects are often carried out in collaboration between contractors, consultants, architects, technology suppliers and builders. Without clear agreements, uncertainty can arise about who owns drawings, BIM models, technical solutions, data or further developed concepts.
How to protect valuable knowledge?
Many companies have never mapped out what information actually constitutes trade secrets. Without internal routines, access control and confidentiality agreements, valuable knowledge may be less protected than management is aware of.
New technical solutions are not identified
Innovation is constantly happening in the building and construction industry. Efficient work processes, technical improvements and new construction methods can in some cases be patentable. Many companies miss out on opportunities because they do not assess their solutions from an IP perspective early enough.
Digitalization creates new values and new risks
The value of BIM models, project data and digital work processes is increasing rapidly. At the same time, questions arise about access, ownership, reuse and protection of data that are often not regulated well enough in existing agreements.
How we help companies in the industry
We assist contractors, consultants, architects, technology suppliers and other companies in the building and construction sector with prevention, value protection and conflict management.
Among other things, we can help with:
• Mapping of intellectual assets and trade secrets.
• Review of employment agreements, shareholder agreements, and confidentiality agreements.
• Securing ownership of drawings, BIM models, data and technical solutions.
• Assessment of patenting opportunities and protection of innovation.
• Trademark protection and development of IP strategy.
• Handling conflicts related to trade secrets, unfair competition and intellectual property rights.
The goal is to ensure that the company retains control over the values it has spent time, expertise and capital on building.
Why industry knowledge is important
Good advice requires more than legal expertise. In the building and construction industry, the consultant must understand how value chains work, how projects are organised, what contractual relationships are common, and where the most important intellectual assets actually arise.
We have experience with issues related to contracts, project collaboration, digitalization, BIM, technology transfer, trade secrets and ownership of project-developed material. This enables us to provide practical advice that is adapted to the commercial reality in which companies in the construction industry operate.
As the market gets tougher, control over intellectual assets can be the difference between retaining or losing a competitive advantage. Therefore, IP should be part of the company's strategy, not just a legal issue when the conflict has already arisen.