Selection Criteria Used for the Choice of Contract Type for Major Highway Construction Projects

Legal and contractual foundations of intellectual property of design of construction projects

“…The right of author emphasizes that the author has special right in his work applicable just by himself; such as the right to prevent the reproduction of the distorted work. But other rights, such as the right to make a copy or the right to reproduce a work are transferrable and can be applied by other persons too; for example, the publisher acquire the right of reproduction from the author [5]. However, these rights are called Copyright in TRIPS Agreement.…”

“…Therefore, regardless of being considered good or bad, a literary work or a musical work shall be under protection. [5].…”

“…One of the debates in this regard is that to which of the said categories do the industrial designs belong? Replying this question, we need to make a distinction between the designs characteristics, because industrial designs can benefit from protection from two different aspects; if the artistic and aesthetic aspects of these designs are considered, these designs may be included in literary-art category and be protected under the law for protection of literary-art property, but if they are considered from industrial aspect, they are included in Industrial property category too [5]. This agreement which is related to the relevant aspects of the trade of intellectual property rights does not include a definition for industrial design.…”

“…Vipoe presented a definition for industrial design in his site:" the industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial design may consist of three-dimensional features, such as the shape or surfaces of an article, or of two-dimensional features, such as patterns, lines or colors [5]. The definition of industrial design in UK Law, one of the first laws for industrial design, is as follows:" a (an industrial) design constitutes the aspects of the shape, pattern, or ornaments used for an article, produced through an industrial process.…”

“…Thus a design that is only on a paper and is not applicable in an industrial product shall not be considered as an industrial design; it is an art design and is included in literary-art property context. In fact, the reason for protection of industrial design in a context separated from protection of literary-art property context has been to provide special protection for the designs containing industrial predictability feature [5]. Another important and significant issue is a legal system arising from employment relationship.…”