Introduction
The construction industry in India has undergone significant growth and transformation over the past two decades, with the market size reaching approximately USD 639 billion and projected to maintain a CAGR of over 6% in the forecast period. This expansion is fueled by various factors such as the increasing demand for residential and commercial spaces, particularly in tier 1 cities, and the government’s emphasis on rural development. With virtually all construction projects involving some element of design, intellectual property (IP) has emerged as a crucial aspect of the construction industry. In this context, the interface between construction-related contracts and IP rights presents a myriad of complexities and challenges that warrant closer examination.[1] One notable trend in the post-pandemic era is the heightened demand for plotted developments, driven by the newfound appreciation for larger and more open living spaces. Property developers are strategically launching plots near major cities to capitalize on this surge in demand. This shift in consumer preferences underscores the importance of understanding the evolving dynamics of the construction market and its implications for intellectual property management. The commercial real estate sector is witnessing a resurgence as businesses adapt to hybrid working arrangements and gradually return to physical workplaces. This resurgence translates into increased demand for commercial office space, presenting opportunities and challenges for stakeholders in the construction industry. In cities like Hyderabad, plotted development is gaining momentum, particularly along major transportation corridors and infrastructure projects such as the Outer Ring Road and upcoming metro lines. This spatial expansion is accompanied by rising land prices, signalling robust growth in the residential land segment. Amidst these developments, the construction industry has transitioned from unorganized to organized operations, revolutionizing various aspects of project management, execution, logistics, and workforce management. This evolution is characterized by innovations in construction technology, resource management, and market requirements, driving the adoption of new age processes and technologies such as robotics and automation. In this dynamic arena, the protection and enforcement of intellectual property rights (IPRs) have become paramount for construction businesses seeking to safeguard their innovations and competitive advantages. Industry leaders recognize the value of creating and protecting intellectual property assets to capitalize on their investments in innovation and technology.[2] In light of these developments, this research article aims to explore the intersection of intellectual property law and the construction industry in India. By delving into key issues and complexities surrounding IP rights in construction, this article seeks to provide insights into the challenges, opportunities, and best practices for intellectual property management in the construction sector. Through a comprehensive analysis of relevant case studies, legal frameworks, and industry trends, this article aims to contribute to a deeper understanding of the role of intellectual property in driving innovation, competitiveness, and sustainable growth in the Indian construction industry.
[1] (2024) Construction Industry in India – Market Size & Growth. Available at: https://www.mordorintelligence.com/industry-reports/india-construction-market (Accessed: 12 May 2024).
[2] (2022) Intellectual Property Rights, an important tool for growth and success of Indian Construction Firms. Available at: https://www.epcworld.in/p/post/intellectual-property-rights-an-important-tool-for-growth-and-success-of-indian-construction-firms (Accessed: 12 May 2024).