Date: 2019
Type: Thesis
The challenge of three-dimensional printing : questioning established concepts in intellectual property law
Florence : European University Institute, 2019, EUI, LAW, PhD Thesis
ELAM, Viola, The challenge of three-dimensional printing : questioning established concepts in intellectual property law, Florence : European University Institute, 2019, EUI, LAW, PhD Thesis - https://hdl.handle.net/1814/60404
Retrieved from Cadmus, EUI Research Repository
Over the last years, academics, practitioners and policy makers have focused their attention on an emerging technology: three-dimensional printing (“3DP”). 3DP is often portrayed as a game changer, showing the potential to disrupt established socioeconomic paradigms and exert profound implications in disparate areas of law. 3DP not only is well integrated in the manufacturing industry, but also increasingly adopted at consumer level. Recent developments have made it possible for ordinary people to take an active role in the production, customization and distribution of goods, and likewise paved the way for the proliferation of new market entrants, such as 3DP online platforms. Against this background, this thesis aims to shed some light on the implications that 3DP may have for Intellectual Property Law. In particular, this work attempts to predict and grasp the consequences that the digitization of real world things may carry in the area of IP law, both from the side of protection and infringement. This contribution is intended to create general awareness about the current state of the art and likewise delineate possible future scenarios in the 3DP ecosystem. The research question at the core of the analysis is whether the current legal framework of different IPRs already offers suitable means for regulating the thin dividing line between the digital and the analogue world, or rather needs to be amended, in order to cope with such a fascinating reality. To this end, the analysis contributes insights to the best legal treatment that CAD files shall receive, in case such files embed products protected by copyright, designs, patents and trademarks. Hence, it addresses right owners’ concern that the online transmission of CAD files, combined with the ease of converting such files into the final printout, will facilitate mass-scale and worldwide infringement of all IPRs.
Additional information:
Defence date: 9 January 2019; Examining Board Professor Giovanni Sartor, EUI; Professor Jane Ginsburg, Columbia Law School, External Supervisor; Professor Peter Drahos, EUI; Professor Raquel Xalabarder, Universitat Oberta de Catalunya.
Cadmus permanent link: https://hdl.handle.net/1814/60404
Full-text via DOI: 10.2870/843622
Series/Number: EUI; LAW; PhD Thesis
Publisher: European University Institute
LC Subject Heading: Three-dimensional printing -- Law and legislation; Intellectual property; Copyright
Preceding version: http://hdl.handle.net/1814/60438; http://hdl.handle.net/1814/60433; http://hdl.handle.net/1814/60440
Version: Chapter 1, 'The magic world of three-dimensional printing becomes reality' of the PhD thesis draws upon an earlier version published as a chapter: 'Tracing the historical roots of collaborative production: emerging challenges posed by three-dimensional printing' in the proceedings of the 14th International Conference on Internet, Law and Politics, Universitat Oberta de Catalunya: "Collaborative Economy: Challenges & Opportunities". Chapter 4, 'Three-Dimensional printing and European design law' of the PhD thesis draws upon an earlier version published as an article: 'CAD files and European design law' in the journal JIPITEC. Chapter 6, 'EU trademark law and Three-Dimensional printing: opportunities and challenges' of the PhD thesis draws upon an earlier version published as a chapter: 'The transfer of Computer-Aided Design files in the era of 3D printing : trademark infringement under the current European framework' in the proceedings of the 12th International Conference on Internet, Law and Politics, Universitat Oberta de Catalunya: "Building a European digital space."