3D printing and Intellectual Property

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Presentation offered to ITechlaw at Amsterdam meeting on 4 October

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3D printing and Intellectual Property

  1. 1. 3D printing and Intellectual Property © Joren De Wachter
  2. 2. € 68 € 5,800 € 500-900
  3. 3. € 68
  4. 4. ???? http://www.odd.org.nz/guitars.html
  5. 5. QuickTime™ and a h264 decompressor are needed to see this picture.
  6. 6. Gartner tech hype curve July 2013
  7. 7. The Past
  8. 8. Reverse Engineer ! The Present: “Some” Customization Found a file Merge the 2 together Very unique geome
  9. 9. Cost of copying goes to zero
  10. 10. Cost of personalization goes to zero
  11. 11. Value of personalization
  12. 12. Value of Personalization Cost of PersonalizationCost of Copy Value of Copy
  13. 13. What does this mean? 1.Every product becomes unique 2.Every product embeds some innovation 3.Innovation differs in each product
  14. 14. Intellectual Property is: • Based on classical industrial production methods: large upfront investment, return through production of large amounts of copies. • Fundamentally based on the concept of “copy” • Creates artificial scarcity through legal reproduction and distribution monopoly
  15. 15. Which one is a copy?1 2 3 & 4 5
  16. 16. Impact of 3D printing on IP • Patents • Copyright • Trademarks • Design rights
  17. 17. Patents • Facts: – 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
  18. 18. Patents • Impact – 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
  19. 19. Copyright • 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
  20. 20. Copyright • Impact: – 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 there?
  21. 21. Who is winning?
  22. 22. Who is winning?
  23. 23. Trademarks • Value of a brand? • Control of a brand?
  24. 24. Trademarks • Spare parts: block or enable? • Second-hand market: block or enable? • Community aspects: control vs influence?
  25. 25. Trademarks • Conclusion: – 3D printing strengthens the trend where value shifts from product to relationship – clever use of personalisation of manufacturing can increase brand value – “traditional” IP approach may cause more damage
  26. 26. Design Rights • Registered designs / unregistered designs / design patents – breach? – value? – enforceability?
  27. 27. 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 purposes. 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.
  28. 28. Design Rights • 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?
  29. 29. Thank you www.reverbnation.com/kcreators www.facebook.com/thekcreators The Wealth of Ideas http://amzn.com/1492340669

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