Technical Papers
Dec 5, 2013

Intellectual Property Rights in Building Information Modeling Application in Taiwan

Publication: Journal of Construction Engineering and Management
Volume 140, Issue 3

Abstract

Despite the significant benefits associated with building information modeling (BIM), the industry has not properly addressed a host of legal issues, risks, and barriers. Intellectual Property Rights (IPR) is of primary concern; therefore, this paper attempts to discuss IPR in the context of BIM application. It reviews the two issues of who a BIM’s copyright owner should be and how to avoid infringement of IPR raised by the previous literature and proposes solutions. Interviews were conducted with experts in Taiwan to discuss opinions on these two issues. Moreover, experts were also asked to comment on two new issues raised by this study: (1) possible ways in which professional knowledge relating to business can be protected; and (2) ways in which work on elements of BIM can be protected. Combining the results of literature reviews and interviews, this study concludes the issues of BIM application in IPR perspectives and suggests solutions. The importance of these issues and their proposed solutions is validated by a questionnaire distributed among various other experts, and the results are given. This paper not only summarizes the BIM’s IPR issues but also proposes practical solutions accordingly.

Get full access to this article

View all available purchase options and get full access to this article.

References

Alfred, O. (2011). “A preliminary review on the legal implications of BIM and model ownership.” ITcon., 16, 687–696.
Ashcraft, H. W. (2008). “Building information modeling: A framework for collaboration.” Constr. Law., 28(3), 1–14.
Autodesk Revit Architecture. “Autodesk.” 〈http://www.autodesk.com/revit〉.
Autodesk Revit MEP. “Autodesk.” 〈http://www.autodesk.com/revit〉.
Bentley ProjectWise V8i. “Bentley Systems.” 〈http://www.bentley.com/〉.
BIM Object Element Matrix (OEM). The Dept. of Veteran Affairs (VA), 〈http://www.cfm.va.gov/til/bim/BIMGuide/downloads/oemf.xls〉.
Fan, S.-L., Kang, S. C., Hsieh, S. H., Chen, Y. H., Wu, C. H., and Juang, J. R. (2009). “A case study on construction 3D/4D BIM model from 2D drawings and paper-based documents using a school building project.” The Int. Conf. on Computational Design in Engineering, Computational Structural Engineer of Korea, Seoul, Korea.
Foster, L. L. (2008). “Legal issues and risks associated with building information modeling technology.” M.S. thesis, Environmental and Architectural Engineering, Univ. of Kansas.
Funkhouser Vegosen Liebman and Dunn Ltd. (2009). “Practical solutions for protecting trade secrets.” 〈http://www.fvldlaw.com/?t=40&an=804&format=xml〉 (Jun. 26, 2013).
Hamil, S. (2012). “The importance of the “I” in BIM.” 〈http://www.thenbs.com/topics/bim/articles/importanceOfTheIInBIM.asp〉 (Jun. 26, 2013).
Haynes, D. (2009). “Reflections on some legal and contractual implications of building information modeling (BIM).” Construction Watch, Pepe & Hazard, LLP, Boston, MA.
Kent, D., and Becerik-Gerber, B. (2010). “Understanding construction industry experience and attitudes toward integrated project delivery.” J. Constr. Eng. Manage., 815–825.
Kester, K. (2009). Legal aspect of intelligent estimation and BIM, Mechanical Contractors Association of America, Annual Convention Scottsdale, Arizona, 〈http://wenku.baidu.com/view/d8f16c3387c24028915fc37b.html〉 (Jun. 26, 2013).
Lowe, R. H., and Muncey, J. M. (2009). “The consensusDOCS 301 BIM addendum.” Constr. Law., 29(1), 1–9.
The American Institute of Architects (AIA). (2008). AIA document E202-2008, 〈http://www.aia.org/contractdocs/training/bim/aias078742〉.

Information & Authors

Information

Published In

Go to Journal of Construction Engineering and Management
Journal of Construction Engineering and Management
Volume 140Issue 3March 2014

History

Received: Nov 30, 2012
Accepted: Oct 24, 2013
Published online: Dec 5, 2013
Published in print: Mar 1, 2014
Discussion open until: May 5, 2014

Permissions

Request permissions for this article.

Authors

Affiliations

Su-Ling Fan [email protected]
M.ASCE
Director of Research Development Center of Construction Law, Assistant Professor, Dept. of Civil Engineering, Tamkang Univ., No. 151, Ying-Chuan Rd., Tamsui, Taipei County 25137, Taiwan. E-mail: [email protected]

Metrics & Citations

Metrics

Citations

Download citation

If you have the appropriate software installed, you can download article citation data to the citation manager of your choice. Simply select your manager software from the list below and click Download.

Cited by

View Options

Get Access

Access content

Please select your options to get access

Log in/Register Log in via your institution (Shibboleth)
ASCE Members: Please log in to see member pricing

Purchase

Save for later Information on ASCE Library Cards
ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.

Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
ASCE Library Card (5 downloads)
$105.00
Add to cart
ASCE Library Card (20 downloads)
$280.00
Add to cart
Buy Single Article
$35.00
Add to cart

Get Access

Access content

Please select your options to get access

Log in/Register Log in via your institution (Shibboleth)
ASCE Members: Please log in to see member pricing

Purchase

Save for later Information on ASCE Library Cards
ASCE Library Cards let you download journal articles, proceedings papers, and available book chapters across the entire ASCE Library platform. ASCE Library Cards remain active for 24 months or until all downloads are used. Note: This content will be debited as one download at time of checkout.

Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
ASCE Library Card (5 downloads)
$105.00
Add to cart
ASCE Library Card (20 downloads)
$280.00
Add to cart
Buy Single Article
$35.00
Add to cart

Media

Figures

Other

Tables

Share

Share

Copy the content Link

Share with email

Email a colleague

Share