| dc.description.abstract | Just like technological disruptions of the past, three-dimensional («3D») printing poses new and challenging legal issues. Intellectual Property is perceived as a key area of confict. Everyone can now turn a tangible product into a virtual 3D model, and reproduce the item via a 3D printer, at the click of a button. Personal 3D printers could be used to replicate objects at home that are copyright works, useful articles, protected designs and products bearing an earlier trademark. All IPRs have, therefore, become vulnerable to infringement. Diferent online platforms enable individual users to connect to a vast distributed network, where they can upload, download, share, edit, and remix their Computer-Aided Design («CAD») fles. Tis paper explores potential liability issues that may arise from using a third-party trademark in relation to a CAD fle alone. It aims to unravel the following questions: 1) Does the ofer for sale of a CAD fle, embedding another person’s mark, amount to a trademark infringement? 2) Which functions of a trademark could be adversely afected by the distribution of a CAD fle alone? 3) Who should be the target of liability claims? To illustrate the legal issues in question, this paper focuses on Article 10 and 11 of Directive 2015/2436/EC. In particular, it explores the extent to which using a sign in relation to a CAD fle corresponds to using a sign «in the course of trade» and «in relation to goods» that are «similar or identical» to the goods for which the earlier mark is registered. | en |
