This document discusses several legal issues related to 3D printing including intellectual property, product liability, supply chains, and regulations. It notes that 3D printing is causing paradigm shifts that require redesigning businesses and relationships. Key topics covered include intellectual property of materials, methods, tools, and 3D printed output; potential product liability for service providers and consumers; and how supply chains may be impacted as consumers become manufacturers. The document advises working with a lawyer to navigate these issues, understand choices around open vs closed systems, and develop a roadmap to bring 3D printed products to market while managing risks.

1. Reprinting the law
Paradigm shifts and concerns in supply
chain, warranties, liabilities and IP
Ernst-Jan Louwers
3D Printing Event
Eindhoven, 21 October 2014

2. Why am I here?
• 3D space = entering legal swamp
• Let a lawyer guide you
o (re)design your business
o safeguard your time to market
o avoid getting sued...
• Now, let’s suppose I was your lawyer …

3. I would tell you:
“shift happens because of 3D…”
(Product)
liability
Supply
chain
Intellectual
Property

4. And 3D is changing the game…
• Consumers become prosumers
• Users become manufacturers
• Doctors becoming engineers
• Engineers becoming doctors
• Dentists print implants
• Hospitals become suppliers

5. We would discuss redesigning your
business: many topics...
Ownership
Intellectual
property
Data
Secrecy
Human tissue
& cells
Compliance
Standards &
certificates
Criminal laws
Privacy
Import &
export
restrictions
R&D
Collaboration
Background
IP &
knowhow
Foreground IP
& knowhow
Valorisation &
exploitation
Supply chain
Changing
rolls
Relationships
Risk
Liability
Miscellaneous
Environment
Permits
Labour
conditions

6. We would discuss fundamental issues
Intellectual
Property
Materials
Methods
&
Tools
Output
Liability
Risk
Who?
When?
Supply
chain
Manufacturer
Reseller (?)
Consumer

7. And help you deal with choices:
IP closed or open?

8. Material Method Hardware
Software
and data
Output
Your business plan to market

9. We would talk
materials

10. Are materials you use patentable?

11. Are materials you use patentable?
• In principle: yes, if novel and inventive step
• Products of nature: in principle not
patentable
• Isolated human genes?
o US: NO, but…
AMP/Myriad case
o Europe: until now YES
Comparable to plant breeding
o Public opinion…

12. We would
consider methods
& tools

13. Are methods patentable?
• In principle: yes, if novel and inventive step
• US: also business methods… EU: only tech
• Products directly resulting from method?
o in principle YES: ‘product by process’

14. Tools
Hardware,
software and data

15. Hardware: open or closed?

16. Software: open or closed?

17. What about sharing design files?

18. And what about
3D output?

19. “Everything is a remix”
but creations may be protected…

20. Arles, 1888 Amsterdam, 2013
Inspiration or infringement?

21. Lounge Chair & Ottoman
Eames; bj 1956
Mal1956: prominent op DDW 2012
Inspiration or infringement?

22. 3D output - copy…
3D Rembrandt

23. Original by
Dirk van der Kooij
Copy by Drawn, Paris
3D output - infringement?

24. 3D output - infringement…?

25. 3D output - infringement…?
Free Universal Construction Kit

26. 3D mashups – infringement?
Mashups by Freyja van den Boom

27. 3D output – infringement (?)

28. 3D output – infringement (?)

29. Human tissue,
organs and spare
parts

30. Bioprinting:
Frankenstein
revisited?
“By 2016, 3D printing of tissues
and organs (bioprinting) will
cause a global debate about
regulating the technology or
banning it for both human and
nonhuman use.”
Gartner 2013

31. Reprint your partner…

32. Can you patent an ear?
Printed using human cells from Lieuwe van
Gogh, great-grandson of Vincent van
Gogh (sharing 1/16th of the same genes)

33. Protheses and
dental

34. Protheses and dental

35. • 3D printed jaw patentable?
• 3D printed joints patentable?
• Shape and function?
• Or only the material?
BUT again:
• Method and output as ‘product by process’
• Mixtures and intermediate result may be
patentable
Protheses and dental & IP

36. Challenge: IP enforcement
• IP = national law
• Sharing on internet

37. Supply chain:
legal consequences
of 3D?
Source: JonesLangLasalle

38. Not only rapid prototyping
Nike Vapor Laser Talon
Additive Industries

39. What’s cooking? Spare parts
• GE: by 2020 60,000 spare parts printed locally by
carriers
• 3D printing customer
• Warranty?
• (Product) liability?
• Recall?

40. Service providers – liability?

41. Service providers
• Responsibility? Notice and
takedown
• Liability?
• Warranty?
• Agency?
Shapeways
Thingiverse
Terms of Service
Notice and Takedown
Open Hardware license model

42. Consumer ‘prosumer’
• Private space:
o in principle no infringement in EU
o but in US and other countries possibly also
infringing!
• Liability & warranty?
• Taxes (VAT…)?
Prosumer
Design
and
CAD file
Material
Output
Printer

43. Of course you take risks but only…
Calculated

44. Because something can go terribly
wrong...

45. Such as output…
Contamination…
Rupture of implant…
Broken hinge…
Spare part in dishwasher…

46. Possibly leading to product liability
• Defective products
• Who is responsible?
• Who is liable?
o “producer”: who is producer?
o where is production?

47. Spare parts printed by customers or
service points
• What about warranty?
• Who is liable?
• Which liability for what?
• Product liability?
• Recall?

48. Health care: hospital as reseller
• Approvals?
• Own responsibility?
• Liability?
• Warranty?
• Agreements?
• Remove?
• Recall?

49. Let’s roll the dice:
whatever your game is…
Protect Contract Manage
RepositionReconsider Reorganize

50. Not only prepare business plan
What is your roadmap to market?
Let ‘legal’ enable your business
Material Methods Hardware
Software
and data
Output

52. www.louwersadvocaten.nl
@louwerslaw
@ejlouwers
louwers@louwersadvocaten.nl
+31 40 2393200
+31 6 52 048154