Value of Personalization
Cost of PersonalizationCost of Copy
Value of Copy
What does this mean?
1.Every product becomes unique
2.Every product embeds some innovation
3.Innovation differs in each product
Intellectual Property is:
• Based on classical industrial production
methods: large upfront investment, return
through production of large amounts of
• Fundamentally based on the concept of “copy”
• Creates artificial scarcity through legal
reproduction and distribution monopoly
Impact of 3D printing on IP
• Design rights
– core technology is old; core patents expired
– number of printable materials grows fast
– technology is branching out
– Open Source hardware
– Open Source software
technology cycles are shortening
– how to enforce patents against a crowd?
– materials: no bottleneck like 2D printing
– “public” or “prior art” is growing much more
rapidly than patents - genie is out of the bottle
• Conclusion: not good
• Facts: where is it?
– in objects: mostly not
– in design: a bit - but which bit?
– in digital files: ?
• automatically generated code?
• is the code a copy of the design?
• function vs expression
• derivative vs transformative
• secondary liability - induce infringement
• role of creative commons
– what is a copy?
– where is the value?
• In the ability to personalize
• Copyright does not capture
that value well at all
• Conclusion: lots of
litigation ahead - or is
• Value of a brand?
• Control of a brand?
• Spare parts: block or enable?
• Second-hand market: block or
• Community aspects: control vs
– 3D printing strengthens the trend
where value shifts from product to
– clever use of personalisation of
manufacturing can increase brand
– “traditional” IP approach may cause
Texts from the 20th century
• Art 19 EU regulation n° 6/2002
Rights conferred by the Community design
1. A registered Community design shall confer on its holder the exclusive right to use
it and to prevent any third party not having his consent from using it. The
aforementioned use shall cover, in particular, the making, offering, putting on the
market, importing, exporting or using of a product in which the design is
incorporated or to which it is applied, or stocking such a product for those
2. An unregistered Community design shall, however, confer on its holder the right to
prevent the acts referred to in paragraph 1 only if the contested use results from
copying the protected design. The contested use shall not be deemed to result from
copying the protected design if it results from an independent work of creation by a
designer who may be reasonably thought not to be familiar with the design made
available to the public by the holder.
• Design as a service
• When design becomes a value contributor in
one version only of a new product - what is the
value of blocking additional copies?
The Wealth of Ideas