3D printing signs

The Masters Movement, IP Litigation and Law Reform

October 2019

Author: Matthew Rimmer KTU), Brisbane, Australia

3D printing is a branch of technology based on the principle of additive manufacturing (as opposed to the principle of subtractive manufacturing 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.

Currently, the development of 3D printing is in a transitional phase. 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. nine0005

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. nine0005

Industrial 3D printing continues to grow

While 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. nine0005

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. nine0005

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 violations of the rights of authors, 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. nine0005 “There have been large-scale experiments with 3D printing applications in healthcare, including 3D printing in dentistry, 3D printing in medicine, and bioprinting,” notes Mr. Rimmer. (Photo credit: Stratasys)

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. nine0005

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. nine0005

Efforts have been made in 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. nine0005

Significant and first-of-its-kind litigation has taken place in Australia regarding the right to repair under industrial design law ( GM Global Technology Operations LLC v S 2 . - S - Auto Parts Pty Ltd [2019] FCA 97). The Australian Treasury is considering policy options regarding the practice of sharing vehicle repair information. nine0005

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.