Hardback
3D Printing and Beyond
Intellectual Property and Regulation
9781786434043 Edward Elgar Publishing
This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.
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Critical Acclaim
Contributors
Contents
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This ground-breaking and timely contribution in the field of intellectual property law explores the implications of 3D printing and additive manufacturing in three core jurisdictions: the UK, USA and Australia. Providing in-depth analysis of the current state of affairs, as well as outlining future issues and developments, 3D Printing and Beyond addresses both the challenges and opportunities created by 3D printing.
Combining expertise from academia and practice, the original contributions to this book consider the regulation of new, emerging and future technologies and their implications for the legal landscape. The book goes beyond 3D printing and its relationship with intellectual property to the realms of ethics, contracts, socio-legal aspects and economics.
Intellectual property academics will greatly benefit from reading this book, as it not only explores the myriad ways in which 3D printing has altered the horizon of intellectual property law, but also offers ideas for areas of future research. Practitioners and policy makers will also benefit from the useful examples and cases used in this book.
Combining expertise from academia and practice, the original contributions to this book consider the regulation of new, emerging and future technologies and their implications for the legal landscape. The book goes beyond 3D printing and its relationship with intellectual property to the realms of ethics, contracts, socio-legal aspects and economics.
Intellectual property academics will greatly benefit from reading this book, as it not only explores the myriad ways in which 3D printing has altered the horizon of intellectual property law, but also offers ideas for areas of future research. Practitioners and policy makers will also benefit from the useful examples and cases used in this book.
Critical Acclaim
‘3D Printing and Beyond is a thoroughly considered and impressive exposition of US, UK, and Australian IP law in the context of 3D printing. The distinguished group of authors, all of whom are thought leaders on the issues of 3D printing and IP, explore the law as it exists and perceived gaps, potential market responses to 3D printing-driven democratization of manufacturing, whether new laws are needed and what they would look like, and the applicability and enforceability of current and future IP laws in a 3D printed world. Interspersed with detailed analyses of the potential impact of 3D printing on patent, copyright, trade secret, trademark and trade dress, and design laws, and the effect of such laws on 3D printing, are intellectually stimulating essays on the potential economic and societal effects of 3D printing. The book wraps up with a fascinating discussion of the emerging issue of 3D printcrime. This book is a must-read for anyone interested in the intersection of IP law and 3D printing, and beyond.’
– John Hornick, Finnegan LLP
‘3D Printing and Beyond serves as a helpful guide for thinking about patents, design protection, trademark, and copyright in relation to 3D printing in three important jurisdictions. It is a useful resource for anyone trying to begin to understand the challenges that emerge as this technology matures and reaches deeper into our everyday lives.’
– Michael Weinberg, New York University School of Law, US
‘As a pioneer in the 3D printing industry for the past 30 years, Materialise has head started some of the most innovative projects. As such, we understand the technology and the challenges of creating digital supply chains very well. Now that the technology is becoming more broadly adopted and many companies see the great potential of 3D printing to produce mass customized products, it is very important to understand the emerging intellectual property and legal challenges. Therefore, we very much welcome this book’s effort to go beyond the hype and raise some important questions surrounding intellectual property and regulation concerning the challenges and opportunities of 3D printing as an enabler of digital supply chains. Now, more than ever, it is time to raise such questions on how we are going to collaborate in the future between the private and public sectors in order to make sure that we do not inhibit innovation while creating something that is good and safe for our society.
– Lieven Claerhout and Bram Smits, Materialise NV, Belgium
– John Hornick, Finnegan LLP
‘3D Printing and Beyond serves as a helpful guide for thinking about patents, design protection, trademark, and copyright in relation to 3D printing in three important jurisdictions. It is a useful resource for anyone trying to begin to understand the challenges that emerge as this technology matures and reaches deeper into our everyday lives.’
– Michael Weinberg, New York University School of Law, US
‘As a pioneer in the 3D printing industry for the past 30 years, Materialise has head started some of the most innovative projects. As such, we understand the technology and the challenges of creating digital supply chains very well. Now that the technology is becoming more broadly adopted and many companies see the great potential of 3D printing to produce mass customized products, it is very important to understand the emerging intellectual property and legal challenges. Therefore, we very much welcome this book’s effort to go beyond the hype and raise some important questions surrounding intellectual property and regulation concerning the challenges and opportunities of 3D printing as an enabler of digital supply chains. Now, more than ever, it is time to raise such questions on how we are going to collaborate in the future between the private and public sectors in order to make sure that we do not inhibit innovation while creating something that is good and safe for our society.
– Lieven Claerhout and Bram Smits, Materialise NV, Belgium
Contributors
Contributors: T. Berger, S. Bradshaw, R. Brownsword, A. Daly, D. Desai, E. Ferrill, T. Holbrook, D. Hong, K. Horn, M. Lemley, R. MacKichan, T. Margoni, C. McKinley, D. Mendis, P. Menell, M. Mimler, D. Nicol, J. Nielsen, M. Rimmer, A. Scardamaglia, R. Vacca
Contents
Contents:
Preface
Introduction
From the maker movement to the 3D printing era: opportunities and challenges
Dinusha Mendis, Mark Lemley and Matthew Rimmer
1. IP in a world without scarcity
Mark A. Lemley
Part I United Kingdom
2. Mind the gap’: From engravings to 3D designs and 3D scans: re-evaluating copyright law in a 3D printing world
Dinusha Mendis
3. Design rights and 3D printing in the UK: Balancing innovation and creativity in a (dis)harmonised and fragmented legal framework
Thomas Margoni
4. Digital trade mark infringement and 3D printing implications: What does the future hold?
Dukki Hong and Simon Bradshaw
5. 3D printing and patent law – a UK perspective: apt and ready?
Marc D. Mimler
6. Transformative technologies and responsive legal scholarship
Roger Brownsword
Part II United States of America
7. 3D printing and US copyright law: implications for software, enforcement and business strategies
Peter S. Menell and Ryan Vacca
8. Integrating a classic tool for a modern US challenge: US design patents implications for 3D printing
Elizabeth Ferrill, Robert MacKichan, Christopher McKinley and Kelly Horn
9. How 3D printing disrupts trade dress protection and resurrects the need for source and quality assurance
Deven Desai
10. Remedies for digital patent infringement: A perspective from USA
Timothy Holbrook
11. How democratized production challenges society’s ability to regulate
Deven Desai
Part III
Australia
12. Makers Empire: Australian copyright law, 3D printing and the ‘Ideas Boom’
Matthew Rimmer
13. ‘Substantial similarity’ under Australian design law: application to 3D printing
Tyrone Berger
14. Trade mark controversies in 3D printing: An Australian perspective
Amanda Scardamaglia
15. The reform challenge: Australian patent law and the emergence of 3D printing
Jane Nielsen and Dianne Nicol
16. Don’t believe the hype? Recent 3D printing developments for law and society
Angela Daly
Conclusion: The future of printcrime: intellectual property, innovation law and 3D printing
Dinusha Mendis, Mark Lemley and Matthew Rimmer
Index
Preface
Introduction
From the maker movement to the 3D printing era: opportunities and challenges
Dinusha Mendis, Mark Lemley and Matthew Rimmer
1. IP in a world without scarcity
Mark A. Lemley
Part I United Kingdom
2. Mind the gap’: From engravings to 3D designs and 3D scans: re-evaluating copyright law in a 3D printing world
Dinusha Mendis
3. Design rights and 3D printing in the UK: Balancing innovation and creativity in a (dis)harmonised and fragmented legal framework
Thomas Margoni
4. Digital trade mark infringement and 3D printing implications: What does the future hold?
Dukki Hong and Simon Bradshaw
5. 3D printing and patent law – a UK perspective: apt and ready?
Marc D. Mimler
6. Transformative technologies and responsive legal scholarship
Roger Brownsword
Part II United States of America
7. 3D printing and US copyright law: implications for software, enforcement and business strategies
Peter S. Menell and Ryan Vacca
8. Integrating a classic tool for a modern US challenge: US design patents implications for 3D printing
Elizabeth Ferrill, Robert MacKichan, Christopher McKinley and Kelly Horn
9. How 3D printing disrupts trade dress protection and resurrects the need for source and quality assurance
Deven Desai
10. Remedies for digital patent infringement: A perspective from USA
Timothy Holbrook
11. How democratized production challenges society’s ability to regulate
Deven Desai
Part III
Australia
12. Makers Empire: Australian copyright law, 3D printing and the ‘Ideas Boom’
Matthew Rimmer
13. ‘Substantial similarity’ under Australian design law: application to 3D printing
Tyrone Berger
14. Trade mark controversies in 3D printing: An Australian perspective
Amanda Scardamaglia
15. The reform challenge: Australian patent law and the emergence of 3D printing
Jane Nielsen and Dianne Nicol
16. Don’t believe the hype? Recent 3D printing developments for law and society
Angela Daly
Conclusion: The future of printcrime: intellectual property, innovation law and 3D printing
Dinusha Mendis, Mark Lemley and Matthew Rimmer
Index
