The actuality of the research topic is predetermined by the fact that in the light of new challenges of modernity and the needs of Ukrainian society in the reconstruction of residential quarters, administrative buildings and other infrastructure objects that were destroyed or damaged as a result of military actions initiated by the Russian federation, the field of construction is to acquire qualitative and several new spins. In the process of construction activities, the most diverse results of intellectual (creative) activity are produced: project documentation, construction design software (individual stages), interior and exterior design, landscape design, smart home system, etc. The lack of proper legal regulation, collisions between legal norms, as well as, therefore, the uneven judicial practice in resolving disputes regarding the protection of the rights of intellectual property subjects in the field of construction, indicate the need to find ways to solve arising problems and the relevance of the chosen issue.
The author proposes to distinguish the general and provincial social limits of the realization of the right to freedom of creativity, defines these concepts. The author also distinguishes between the concepts of "results of intellectual activity in the field of construction", "objects of intellectual property in the field of construction", outlines the relationship between the concepts "object of construction" and "object of architecture". In addition, the author proves the need for the uniform application of the unified concept of "work of architecture" in the context of the legal regulation of copyright in the Law of Ukraine “On Architectural Activity”.
Author argues that the termination of the validity of the qualification certificate is a basis for limiting of special rights performing (the right to make changes to the project, the right to participate in its further implementation, etc.). At the same time, termination of the qualification certificate does not deprive the architect (engineer) of his classic personal non-property and property copyrights.
The author concludes that if the architect involves other specialists - architects (engineers) in the creation of project documentation, co-authorship of the copyright objects created by them may arise, if the involved persons make their own creative contribution to the project documentation being created. If a team of authors working on the development of project documentation consists of persons, not all of whom have the status of architects, but take part in the creation of an architectural concept, such persons will not acquire special rights provided for by the Law of Ukraine "On Architectural Activity", but will acquire classic property and personal non-property copyrights as co-authors of a work of architecture.
In the thesis, the necessity of legal consolidation of the definition of commercial use of the work is established. Thus, the author consider art.1 of the Law of Ukraine "On Copyright and Related Rights" to be supplemented by a corresponding norm.
The author also proposes the mechanism of correlation of the rights of the owner of the architectural object and the rights of the author of the work of architecture, which is embodied in such an object, in the case of resolving the issue of making changes to such an object, its reconstruction or restoration.
The author justifies the need to amend Part 4 of Art. 29 of the Law of Ukraine "On Architectural Activity", taking into account the fact that a group of designers can consist not only of persons who have the status of an architect or engineer with the appropriate qualification certificate, to ensure the possibility of these persons to obtain copyright on the same as well as an architect.
The author proves that the legal protection of the exterior and interior of a construction object can be carried out within the framework of such intellectual property institutions as: copyright (as the protection of a work of architecture: the object itself or project documentation); patent law (as a utility model, industrial design); means of individualization of participants in economic relations (as a trademark).
Author proves, basing on the analysis of current legislation, scientific and doctrinal approaches, that the legal regime of design documentation as a work of architecture extends to drawings, schemes, sketches if they meet the requirements established by state construction norms and rules and are created by the relevant subject - an architect (engineer with a qualification certificate). Otherwise, they are subject to copyright protection as works of fine art: "drawings and schemes relating to architecture", and therefore their creation cannot be the basis for the author to have additional rights envisaged in the Law of Ukraine "On Architectural Activity".
