EU Design Law and 3D Printing: Finding the Right Balance in a New E-Ecosystem

TY - CHAP

T1 - EU Design Law and 3D Printing

T2 - Finding the Right Balance in a New E-Ecosystem

AU - Nordberg, Ana

AU - Schovsbo, Jens Hemmingsen

PY - 2017

Y1 - 2017

N2 - The article considers the implications for EU design law of 3D-printing. It first describes the 3D-printing technology and the e-ecosystem which is evolving around the technology and involves a number of new stakeholders who in different ways are engaged in the making and sharing of CAD-files and/or printing. It is submitted that it is only a matter of time before 3D-printing equipment becomes ubiquitous. It is pointed out how the new technology and e-ecosystem at the same time represent threats and opportunities to design holders and to the societal interests in design and design law. EU design law is analysed and it is concluded that the current legal framework is not geared to deal with these challenges. In particular the scope of the private and non-commercial use exception and the liability of producers and providers of CAD-files are presently uncertain. It is finally argued that there is a dire need to address the challenges and to provide legal certainty. In so doing a balance should be struck which reflects both the legitimate interests of design holders and of users and which relies on a combination of responses found both in legislation and in systems based on self-governance.

AB - The article considers the implications for EU design law of 3D-printing. It first describes the 3D-printing technology and the e-ecosystem which is evolving around the technology and involves a number of new stakeholders who in different ways are engaged in the making and sharing of CAD-files and/or printing. It is submitted that it is only a matter of time before 3D-printing equipment becomes ubiquitous. It is pointed out how the new technology and e-ecosystem at the same time represent threats and opportunities to design holders and to the societal interests in design and design law. EU design law is analysed and it is concluded that the current legal framework is not geared to deal with these challenges. In particular the scope of the private and non-commercial use exception and the liability of producers and providers of CAD-files are presently uncertain. It is finally argued that there is a dire need to address the challenges and to provide legal certainty. In so doing a balance should be struck which reflects both the legitimate interests of design holders and of users and which relies on a combination of responses found both in legislation and in systems based on self-governance.

KW - Faculty of Law

KW - 3D Printing

KW - Law & Technonology

KW - Design Law

M3 - Book chapter

SN - 9789041183828

SP - 275

EP - 302

BT - 3D Printing, Intellectual Property and Innovation

A2 - Ballardini, Rosa Maria

A2 - Norrgård, Marcus

A2 - Partanen, Jouni

PB - Wolters Kluwer

CY - The Hague

ER -