The Role of Forensic Engineering Experts in Establishing Civil Liability for Structural Failures Involving Intellectual Property Violation

Document Type : Original Article

Authors

1 student of master in malek ashtar university

2 Bachelor of Jurisprudence and Law, Islamic Denominations University

3 Faculty Instructor in Air Traffic Control, Shahid Sattari University – Certified Official Expert of the Judiciary

10.22091/diplic.2026.15880.1049

Abstract

The growing reliance of structural design and analysis systems on specialized engineering software, computational models, and design documents protected under intellectual property (IP) law has led to the emergence of complex techno‑legal disputes in which structural failures are directly linked to IP infringements. International studies in forensic engineering and reports by organizations such as ASCE and ISO indicate that unauthorized use of engineering software, manipulation of protected technical designs, or the unlawful exploitation of patented or confidential technologies can generate systemic and structural errors. Despite this, a clear analytical framework explaining the role of court‑certified forensic engineering experts in establishing causation between IP violations and structural failures remains under‑developed. This gap forms the starting point of the present study. Using a descriptive–analytical methodology and drawing upon authoritative engineering, legal, and WIPO‑based international sources, this research examines the role of court‑appointed forensic engineering experts in failure analysis, authenticity verification of technical designs, identification of unauthorized use of protected technologies, and the determination of causation between IP infringement and structural damage. Findings demonstrate that expert technical reports—particularly in cases where the failure originates within hidden analytical or design processes—play a decisive role in clarifying the source of collapse and establishing civil liability of the involved parties. The study concludes that integrating engineering expertise with IP‑law frameworks provides a more reliable mechanism for adjudicating civil claims arising from structural failures.

Keywords

Insights of Intellectual Property Law in Islamic Countries

Articles in Press, Accepted Manuscript
Available Online from 22 May 2026

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