3D Printing Legal Challenges (Patrick Van Eecke DLA Piper, 14 Oct. 2013)
 

3D Printing Legal Challenges (Patrick Van Eecke DLA Piper, 14 Oct. 2013)

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Presentation by Patrick Van Eecke (DLA Piper) about the legal challenges of 3D printing

Presentation by Patrick Van Eecke (DLA Piper) about the legal challenges of 3D printing

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3D Printing Legal Challenges (Patrick Van Eecke DLA Piper, 14 Oct. 2013) 3D Printing Legal Challenges (Patrick Van Eecke DLA Piper, 14 Oct. 2013) Presentation Transcript

  • 3D Printing Legal challenges Prof. dr Patrick Van Eecke Universiteit Antwerpen Partner – DLA Piper - Brussels
  • The 3DP habitat Government 3D print shops 3D software providers 3D hardware providers 3D ink providers 3D template platforms Right holders 3D product users 3D printers Patrick Van Eecke 3D template developers 2
  • Typical legal issues Government 3D print shops 3D software providers 3D hardware providers 3D ink providers Product liability 3D template platforms Copyright Right holders 3D product users 3D printers 3D template developers Software liability Import restrictions Intermediary liability Patents & Designs Food Safety Patrick Van Eecke 3
  • Copyright Patrick Van Eecke 4
  • European directives  Copyright Directive  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society  Copyright Enforcement Directive  Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights
  • Copyright protection Protected • • • • • • • • • Photography Text Article Film Song Computer program Database Building etc. Patrick Van Eecke Requirements • Original • Expression • No formalities 6
  • Copyright
  • Patrick Van Eecke 8
  • Copyright on templates  Template author is protected  Copyright laws automatically apply  Creative commons Patrick Van Eecke 9
  • Copyright infringements when scanning Patrick Van Eecke 10
  • Trademarks & Designs Patrick Van Eecke 11
  • Benelux Treaty on trademarks and designs Registration requirements Patrick Van Eecke 12
  • Trademarks & Designs
  • Passing off Patrick Van Eecke 14
  • Patents Patrick Van Eecke 15
  • Patent  Image reproduced under the creative commons attribution licence: Flickr user 'diaper'. Patrick Van Eecke 16
  • Product liability Patrick Van Eecke 17
  • From instruction manuals to spare parts Patrick Van Eecke 18
  • Spare parts  Teenage Engineering Make CAD Files Available to 3D Print Replacement Parts Patrick Van Eecke 19
  • Legal framework  Product liability Directive  European Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products  establishes the principle of liability without fault applicable to European producers  A product is defective where it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including:  the presentation of the product;  the reasonable use of the product;  the time when the product was put into circulation Patrick Van Eecke 20
  • Exemptions • he did not put the product into circulation; • the defect appeared after the product was put into circulation; • the product was not manufactured to be sold or distributed for profit; • the product was neither manufactured nor distributed in the course of his business; • the defect is due to compliance of the product with mandatory regulations issued by the public authorities; • the state of scientific and technical knowledge at the time when the product was put into circulation was insufficient to identify the defect. On this point, the Member States are permitted to take measures by way of derogation; • the defect of a component was caused during the manufacture of a final product. Patrick Van Eecke 21
  • Software and hardware providers Patrick Van Eecke 22
  • Patrick Van Eecke 23
  • Software 11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIMBLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) TRIMBLE MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED AND (V) REGARDING THE RESULTS OR OUTPUT OF THE SOFTWARE. c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL. d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIMBLE OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. 12. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIMBLE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. 13. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TRIMBLE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Patrick Van Eecke 24
  • Hardware WARNING: Some printed parts may present a CHOKING HAZARD or may be SHARP; not for children under 3 years old. Patrick Van Eecke 25
  • 3D Ink : liability issues Patrick Van Eecke 26
  • Counterfeit Patrick Van Eecke 27
  • Counterfeit (valsmunterij)  3D metal printing  up to 20 yrs imprisonment  also applicable to accomplices  Need for anti-counterfeit software in 3D printers as in paper photocopiers? Patrick Van Eecke 28
  • Import restrictions Patrick Van Eecke 29
  • 3D printed guns templates: http://www.cncguns.com/downloads.html Patrick Van Eecke 30
  • Intermediaries Patrick Van Eecke 31
  • intermediaries Objects tagged with 'star wars' are available on the Thingiverse site (http://www.thingiverse.com/tag:star_wars). Patrick Van Eecke 32
  • Legal framework  European eCommerce Directive  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')  Liability exemptions  Monitoring prohibition  European Court of Justice case law Patrick Van Eecke 34
  • 3D Print shops Patrick Van Eecke 35
  • Conclusion patrick.van.eecke@dlapiper.com Patrick Van Eecke 36