3D printing convention

3D printing is an industry based on the principle of additive manufacturing (as opposed to the subtractive manufacturing principle that underlies the traditional manufacturing industry). 3D printing is also associated with the Craftsmen Movement, a social movement whose main idea is to develop designs for various products and share them.

3D printing is currently in transition. The consumer "3D printing revolution", which aimed to have a 3D printer in every home, has failed. MakerBot, a pioneer in 3D printing, is having trouble with its changing approach to intellectual property (IP) issues, disrupting its ties to the open source software community, and the user audience turned away from it. As former MakerBot CEO Bre Pettis said in an interview, "The open source community has kicked us out of their paradise." As a result, MakerBot was acquired by Stratasys, a leader in the 3D printing industry, which restructured and repurposed it.

Some other key players also went bankrupt. In particular, TechShop, a membership-funded and open-to-all network of studio-workshops for home craftsmen, went bankrupt. Maker Media, which publishes Make magazine and hosts craft festivals in the United States, has gone under external control. Make magazine founder Dale Doherty is trying to revitalize his project with a new structure he created called Make Community LLC.

Industrial 3D printing continues to grow

Although personal 3D printing has not developed as expected, there has been growth in a number of other forms and categories of 3D printing. Along with robotics and big data, 3D printing has become one of the promising technologies in the manufacturing industry. Companies specializing in information technology and design are working to improve the way 3D printing is used. Significant investments, especially from transport companies, have been attracted by the technology of 3D printing of metal products. In addition, there have been large-scale experiments related to the application of 3D printing in the healthcare sector, including 3D printing in dentistry, 3D printing in medicine, and bioprinting.

As technology improves and develops, there have been several cases of lawsuits being filed in the courts, as well as certain political developments regarding the regulation of the 3D printing industry. Our recently published book 3D Printing and Beyond explores some of the major developments in IC and 3D printing. In particular, it analyzes the issues of 3D printing in relation to areas such as copyright law, trademark law, patent law, and trade secrets (as well as some of the broader issues related to the regulation of 3D printing). In addition, the book highlights the use of open licensing mechanisms in the field of 3D printing.

3D printing and copyright law

A few years ago, there was a panic that the widespread use of 3D printing would lead to a wave of large-scale infringements of authors' rights, similar to the situation that arose with the advent of the Napster file-sharing network . Although such fears have not yet materialized, there have been various conflicts related to copyright and 3D printing. For example, Augustana College (United States) objected to 3D scanning of Michelangelo's statues, even though they were not subject to copyright protection and were clearly in the public domain. The American cable television network HBO has blocked the sale of an iPhone stand in the form of an "iron throne" from the TV series "Game of Thrones", made according to the drawings of designer Fernando Sosa using 3D printing. United States singer-songwriter Katy Perry has demanded a ban on the sale of a 3D-printed "shark on the left" figure by the same designer (nevertheless, this product subsequently reappeared in the Shapeways 3D Printing Systems catalog). The heirs of the French-American artist Marcel Duchamp opposed the production of a 3D-printed set of chess pieces based on the works of this artist.

3D printing was also subject to the on-demand removal of content under the Digital Millennium Copyright Act (USA). Shapeways and a number of other 3D printing firms have raised concerns about the implications of this regime for online platforms and 3D printing intermediaries.

In addition, discussions took place on issues related to the use of technical protection measures in the context of copyright law and 3D printing. For example, the US Copyright Office has confirmed a limited technical protection exception for 3D printing stocks.

3D printing and design law

Developments in 3D printing have also raised the issue of product repair rights.

Efforts have been made across the European Union to recognize the right to repair in order to support consumer rights and develop a circular economy. In this regard, one of the important factors in achieving changes in the behavior of companies and consumers has become the European Greening Directive (Directive 2009/125/EC).

In July 2019, the United States Federal Trade Commission held a Hearing on "Can't be Repaired: A Workshop on Product Repair Restrictions. " Significant differences remain between IP owners and right-to-repair advocates in the United States. Presidential candidate Elizabeth Warren has called for legislation to secure the right to repair for the benefit of farmers in the agricultural regions of the United States.

Significant and first-of-its-kind litigation in Australia regarding right to repair under Design Law ( GM Global Technology Operations LLC v S . . - S - Auto Parts Pty Ltd [2019] FCA 97). The Australian Treasury is considering policy options regarding the practice of sharing vehicle repair information.

Australian Capital Territory (ACT) Consumer Affairs Minister Shane Rettenbury called for recognition of the right to repair from the rostrum of the Consumer Affairs Forum, which includes ministers from both Australia and New Zealand. Federal Minister Michael Succar asked the Australian Productivity Commission to look into the matter.

Calls for right-to-repair laws, both at the provincial and federal levels, are also being heard in Canada. As Laura Tribe, Executive Director of Open Media, noted in this regard, “We are committed to ensuring that people have the opportunity to be the real owners of the products they own.”

3D printing and trademark law

3D printing also brings uncertainty to trademark law and related legal regimes, including product substitution, identity rights, commercial use of characters, and trade dress. The legal conflict surrounding Katy Perry's trademark application for the "shark on the left" image provides some insight into some of the issues that arise in this regard.

Regarding bioprinting, Advanced Solutions Life Sciences sued Biobots Inc. Due to the alleged violation of its trademark rights ( Advanced Solutions Life Sciences , LLC V BIOBIOTS Inc 15 May 201111111111111. Advanced Solutions Life Sciences owns and uses the registered trademark Bioassemblybot for 3D bioprinting and tissue growth.

3D Printing and Patent Law

According to the 2015 WIPO Global Intellectual Property Report, Revolutionary Innovation and Economic Growth, 3D printing patent applications are on the rise. Some industrial 3D printing companies, including 3D Systems and Stratasys, have managed to build large 3D printing patent portfolios. Large industrial companies, including GE and Siemens, have also accumulated significant patent assets in 3D printing and additive manufacturing. Information technology companies, including Hewlett Packard and Autodesk, also play an important role in the 3D printing industry.

With the growing commercial importance of 3D printing in the manufacturing industry, there have been a significant number of litigations related to 3D printing of metal products. In July 2018, as part of the “Desktop Metal Inc.” v. Markforged, Inc. and Matiu Parangi (2018 Case No. 1:18-CV-10524), a federal jury found that Markforged Inc. did not infringe two patents owned by rival Desktop Metal Inc. (See Desktop Metal Inc. v. Markforged, Inc. and Matiu Parangi (2018) 2018 WL 4007724 (Massachusetts District Court, jury verdict). In this regard, the CEO of Markforged Inc. .” Greg Mark stated, “We are pleased with the jury's verdict that we have not infringed patents and that Metal X technology, which is the latest addition to the Markforged 3D printing platform, is based on our own Markforged's proprietary designs." For its part, a spokesman for Desktop Metal noted that it was "satisfied that the jury recognized the validity of all claims in both Desktop Metal patents, which were discussed in a lawsuit against the company "Markforged"

In 2018 (after the above verdict) Desktop Metal Inc. and Markforged Inc. entered into a confidential financial agreement that settled all other litigation between them. However, in 2019 Markforged Inc. filed another lawsuit against Desktop Metal Inc. due to the fact that, according to her, the latter violated that part of the agreement, which concerned non-disclosure of negative information.

3D printing and trade secrets

In addition, the first litigation regarding 3D printing and trade secret legislation took place. In 2016, Florida-based 3D printing startup Magic Leap filed a lawsuit in federal court for the Northern District of California against two of its former employees for misappropriation of trade secret information within the meaning of Trade Secret Protection Act (“ Magic Leap Inc ." v Bradski et al (2017) case no. 5:16-cvb-02852). In early 2017, a judge granted the defendants' request to stay the case, stating that Magic Leap had failed to provide "a reasonable degree of specificity" to the disclosure of alleged trade secrets. Subsequently, the judge allowed Magic Leap to amend the text of its submission. In August 2017, the parties entered into a “confidential agreement” in connection with this issue. In 2019Mafic Leap sued the founder of Nreal for breach of contract, fraud, and unfair competition (Magic Leap Inc. v. Xu, 19-cv-03445, U.S. District Court for the Northern District of California (San Francisco)).

3D printing and open licensing

In addition to proprietary IP protections, 3D printing has a widespread practice of open licensing. Companies with a free distribution philosophy include Prusa Research (Czech Republic), Shapeways (Netherlands-US) and Ultimaker (Netherlands). Members of the Craft Movement used open licensing mechanisms to share and distribute 3D printing files. As noted in The State of the Commons 2017, the Thingiverse platform was one of the most popular platforms using Creative Commons licenses.

Other issues arising from the development of 3D printing

In addition to IP issues, the development of 3D printing also raises a number of other legal, ethical and regulatory issues. In healthcare, regulators have faced challenges with personalized medicine. The United States Food and Drug Administration and the Australian Health Products Administration held consultations on the development of a balanced set of regulations for medical 3D printing and bioprinting. The European Parliament has adopted a resolution calling for a comprehensive approach to the regulation of 3D printing.

Litigation regarding 3D printing of firearms is also ongoing in the United States. Several state attorneys general have sued the current administration to obstruct an agreement between the federal government and Defense Distributed. Several criminal cases have been filed in Australia, the United Kingdom, the United States and Japan in connection with attempts to 3D print firearms. Legislators are debating the feasibility of criminalizing crimes related to possession of digital blueprints for 3D printed firearms.

Footnotes

* Dr. Matthew Rimmer is Head of the KTU Research Program on Intellectual Property Law and Innovation and is involved in the KTU Research Center for Electronic Media, the KTU Australian Health Law Research Center and the KTU Research Program in International Law and global governance. In addition, he is a Senior Research Fellow at the Australian IP and 3D Printing Research Council Innovation Project. Dr. Rimmer is the author of numerous publications on copyright and information technology, patent law and biotechnology, access to medicines, anonymous packaging of tobacco products, IP and climate change, and IP of indigenous peoples. His current research interests include IP, Creative Industries and 3D Printing; IP and Public Health; and IP and Trade, including the Trans-Pacific Partnership, the Transatlantic Trade and Investment Partnership and the Agreement on Trade in Services. His work is held in the SSRN Abstracts and Bepress Selected Works archives and funded by the Australian Research Council.

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