Handling unauthorized copying of construction drawings

Unauthorized copying of construction drawings is a common occurrence in the architecture and construction field, directly affecting the rights and reputation of the design firm. This article from VCD will provide you with the necessary information to proactively prevent and handle unauthorized use of drawings in accordance with regulations.

What are construction drawings?

Construction drawings are documents that express the design ideas and technical solutions of a project in the form of drawings, symbols, and technical specifications. These can be architectural drawings, structural drawings, electrical and plumbing (M&E) drawings, planning drawings, or 3D renderings… Each drawing describes in detail the shape, dimensions, materials, structure, and construction methods, helping the investor, design firm, and contractor understand the construction plan.

Beyond its technical aspects, construction drawings are also the creative work of architects and engineers, reflecting their unique design thinking and protected by copyright law. Therefore, copying, modifying, or using drawings without permission can lead to copyright infringement and be subject to legal penalties.

Actions considered as copyright infringement of construction drawings

According to the Intellectual Property Law, construction drawings are creative assets protected by law; therefore, any unauthorized use can be considered copyright infringement. In practice, the copying or exploitation of drawings without permission is quite common, from residential house designs to large-scale projects. Some specific actions considered violations of construction drawing copyright include:

• Copying 100% or part of a drawing without permission

• Using another company’s drawings for construction

• Selling or distributing another company’s drawings for profit

• Using drawings to participate in bidding

• Posting drawings on websites or social media without permission

• Unauthorized modification of technical documents, 3D renderings, and design parameters

Penalties for illegally copying construction drawings

According to Decree 17/2023/ND-CP, the act of illegally copying construction drawings not only infringes on copyright but also causes significant damage to the design company; therefore, the law stipulates fairly strict penalties to deter such behavior. Depending on the severity of the violation, the intended use, and the consequences caused, individuals or organizations may face administrative penalties, be forced to remove the infringing drawings, and even be required to compensate the owner for damages. Specifically, the penalties applied are as follows:

Administrative Penalties

• A fine of 10-30 million VND for unauthorized copying

• A fine of 30-40 million VND if the infringing drawings are used for commercial purposes

• Mandatory removal of the infringing drawings, return of the original, and compensation for damages

Civil Compensation

The copyright holder may request:

• Compensation for actual damages (losses in revenue, lost contracts)

• Compensation for emotional distress

• A public apology

• Recovery of all profits generated from the copied drawings

How to handle unauthorized copying of construction drawings

When you discover that your construction drawings have been copied or used illegally, you need to take timely action to avoid economic and reputational damage. Understanding the handling process will help you protect your copyright legally and force the infringing party to cease the unauthorized use.

Step 1: Gather evidence

Prepare documentation proving ownership of the drawings:

• Original files with metadata

• Emails exchanged regarding the design

• Files stored on software (CAD, Revit, SketchUp, etc.)

• Printed drawings with signatures and stamps

• Copied drawings

Step 2: Verify infringement

Compare the original and copied drawings: layout, dimensions, specifications, layout, detail names, etc.

Step 3: Submit a removal request and termination of infringement

• Send an email requesting the removal of the infringing content

• Send a formal letter to the copying company

• Request a halt to construction/bidding

Step 4: File a complaint with the authorities

• Inspectorate of the Ministry of Culture, Sports and Tourism

• Department of Information and Communications

• Copyright Office

Step 5: File a lawsuit if the infringement is serious

The court will handle the case. Claims for compensation, public apology, and other obligations.

How to avoid having your construction drawings copied

In the field of design and construction, drawings are valuable creative assets, so their unauthorized copying or use can cause serious economic and reputational damage to architects and design firms. To minimize risks and proactively protect your intellectual property rights, you should apply the following measures:

• Register copyright for your drawings and design documents.

• Add watermarks and electronic signatures to your drawings.

• Send drawings to clients in preview (low resolution).

• Sign a confidentiality agreement before handover.

• Save original files and edit history as evidence.

• Do not provide CAD/Revit files until the client has paid.

The above article, “Handling Unauthorized Copying of Construction Drawings,” helps you understand the violations, penalties, and how to effectively protect your drawings. In the increasingly competitive construction industry, proactively protecting copyright not only safeguards creative value but also enhances the professionalism of your business.

Sincerely,

FQA