3D Printing

Anna wants to partner up with established companies in order to protect her intellectual property, but also allow her fans to freely create their own work. And this is a good strategy!

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Tip:

Especially for large-scale companies, disappointing customers due to copyright restrictions might be fatal for their reputation and growth. Thus, networking and partnerships with 3D printing leaders under a common agreement can establish that customers are satisfied and copyright is respected.

Best Practice:

One of the best practices was implemented by Hasbro ans Shapeways. The two companies enabled 3D printing Fan Art introducing SuperFanArt. Based on this, fans are allowed to use 3D printers and create and sell their Fan Art creations based on Hasbro''s content.

References:

https://www.shapeways.com/blog/archives/16759-hasbro-shapeways-enable-3d-printing-fan-art-with-superfanart.html

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References:

https://www.shapeways.com/blog/archives/16759-hasbro-shapeways-enable-3d-printing-fan-art-with-superfanart.html

Nick is concerned that although his 3D digital files are crucial in terms of legal protection under copyright regulations, this does not justify additional interpretations of authorship and IP protection. Is he right?

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Tip:

3D digital files are indeed as crucial as software, thus giving justification for extra interpretations of authorship and copyright protection.

Best Practice:

The concept is to replace traditional authorship protection with 3D digital files.

References:

Malaty, E., & Rostama, G. (2021). 3D printing and IP law. 3D printing and IP Law. Retrieved October 15, 2021, from https://www.wipo.int/wipo_magazine/en/2017/01/article_0006.html.

Venable LLP. (2021). IP strategies for the rise of 3D printing: Insights. Venable LLP. Retrieved October 16, 2021, from https://www.venable.com/insights/publications/2015/04/ip-strategies-for-the-rise-of-3d-printing.

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Tip:

3D digital files are indeed as crucial as software, thus giving justification for extra interpretations of authorship and copyright protection.

Best Practice:

The concept is to replace traditional authorship protection with 3D digital files.

References:

Rosa owns a 3D printing company, while Helen is an individual designer. They are both obliged to register their designs, according to the European Intellectual Property Office (EUIPO).

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Tip:

Individuals and organizations have the choice to not register their design. An Unregistered Community design may be available to the public. This is called 'disclosure'.

Best Practice:

To ensure maximum protection it is advisable to register a design at the EUIPO or the WIPO (World Intellectual Property Organization), ensuring that the design fits the criteria for registration.

References:

EUIPO. (2021b). Designs in the European Union. EUIPO. Retrieved October 15, 2021, from https://euipo.europa.eu/ohimportal/en/designs-in-the-european-union.

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Tip:

Individuals and organizations have the choice to not register their design. An Unregistered Community design may be available to the public. This is called 'disclosure'.

Best Practice:

To ensure maximum protection it is advisable to register a design at the EUIPO or the WIPO (World Intellectual Property Organization), ensuring that the design fits the criteria for registration.

References:

EUIPO. (2021b). Designs in the European Union. EUIPO. Retrieved October 15, 2021, from https://euipo.europa.eu/ohimportal/en/designs-in-the-european-union.

Irene doubts that ownership of 3D printers, online sharing and agreement with people involved in digitally modeling a product are completely covered by IP laws.

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Tip:

IP laws still present gaps and limitations when it comes to complex cases, multilateral collaborations (e.g. the designer and the people who digitally model a product), ownership of 3D printers, online sharing, etc.

Best Practice:

Remember that IP relies massively on fair trade practice.

References:

Malaty, E., & Rostama, G. (2021). 3D printing and IP law. 3D printing and IP Law. Retrieved October 15, 2021, from https://www.wipo.int/wipo_magazine/en/2017/01/article_0006.html.

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Best Practice:

Remember that IP relies massively on fair trade practice.

References:

Malaty, E., & Rostama, G. (2021). 3D printing and IP law. 3D printing and IP Law. Retrieved October 15, 2021, from https://www.wipo.int/wipo_magazine/en/2017/01/article_0006.html.

Mat has read all the patent laws related to 3D printing. He thinks that they are vital for safeguarding the appearance and technological features of a product.

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Correct answer!

Tip:

Patent laws can protect different kinds of patents like Design Patents and Utility Patents.

Best Practice:

By claiming every possible detail or even the method for manufacturing a product via 3D printing, owners can enhance their protection against counterfeiters with easy access to 3D printers

References:

Venable LLP. (2021). IP strategies for the rise of 3D printing: Insights. Venable LLP. Retrieved October 16, 2021, from https://www.venable.com/insights/publications/2015/04/ip-strategies-for-the-rise-of-3d-printing.

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Tip:

Patent laws can protect different kinds of patents like Design Patents and Utility Patents.

Best Practice:

By claiming every possible detail or even the method for manufacturing a product via 3D printing, owners can enhance their protection against counterfeiters with easy access to 3D printers

References:

Louise is granted a patent of some 3D digital files. Are the patents fully protected?

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Correct answer!

Tip:

Patents may cover any kind of invention, including devices, methods, compositions or processes. In this context, even digital files for 3D prints can be protected, provided that their owner files for and is granted a patent.

Best Practice:

Digital files are especially vulnerable to infringement. Even after being granted a patent, holders must be vigilant

References:

Ackerman, P. (2021). The 4 main types of intellectual property and related costs. Intellectual Property Management Software. Retrieved October 15, 2021, from https://www.innovation-asset.com/blog/the-4-main-types-of-intellectual-property-and-related-costs.

McKinney, V. (2016). What is an invention. SlidePlayer. Retrieved 2021, from https://slideplayer.com/slide/6355022/.

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Best Practice:

Digital files are especially vulnerable to infringement. Even after being granted a patent, holders must be vigilant

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Nicole and Barbara argue that design patents can be a valuable tool in fighting 3D printing counterfeits. Can they?

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Tip:

Samsung paid $539 Million worth of damages to Apple for copying a patented smartphone case. This case has revealed how “design patents can be a valuable tool in fighting 3D printed counterfeits

Best Practice:

Apple has listed its patent for iPhone as an ''electronic device'' depicting an ''ornamental design of an electronic device''. The patent documents then lists eight illustrations of the device depicting only the direction it is shown from also citing other patents and documentation.

References:

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Samsung paid $539 Million worth of damages to Apple for copying a patented smartphone case. This case has revealed how “design patents can be a valuable tool in fighting 3D printed counterfeits

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Maria has created a 3D file and registered a trademark for that. However, the trademark does not allow her to 'distringuish her work from the one of her competitors'.

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Tip:

Three-dimensional (3D) trade marks allow creators to “distinguish their products from those of their competitors”; they also allow consumers to identify the products’ source.

Best Practice:

When unauthorised use/reproduction/distribution occurs for commercial purposes, trade mark holders can be legally protected, provided that the distinctive appearance element is registered.

References:

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Tip:

Three-dimensional (3D) trade marks allow creators to “distinguish their products from those of their competitors”; they also allow consumers to identify the products’ source.

Best Practice:

When unauthorised use/reproduction/distribution occurs for commercial purposes, trade mark holders can be legally protected, provided that the distinctive appearance element is registered.

References:

As Greg is creating a trademark for his 3D-printed work, he follows a product-differentiating strategy. It's a good practice to stand out among other, isn't it?

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Tip:

Since trade marks are associated with “favourable public recognition,” they are essential parts of product-differentiating strategies. As such, trade marks are especially important in 3D printing.

Best Practice:

Trademarks can be any distinctive element of a useful object's appearance. Use different and unique signs, symbols, sounds, smells, colour schemes to distinguish your trademark.

References:

Crass, D., & Schwiebacher, F. (2016). The importance of trademark protection for product differentiation and Innovation. Journal of Industrial and Business Economics. Retrieved 2021, from https://link.springer.com/article/10.1007/s40812-016-0058-1.

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Best Practice:

Trademarks can be any distinctive element of a useful object's appearance. Use different and unique signs, symbols, sounds, smells, colour schemes to distinguish your trademark.

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Tom tries to convince Ellie to create an imitation trademark for her company's product. However, she refuses to do so, as she insists that this might confuse her consumers, while putting at risk her company's reputation. Is she right?

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Tip:

Constant technological innovations have lowered the cost of 3D high-performance printers. Trade mark infringement and imitation products threaten businesses’ reputations and substantially confuse consumers.

Best Practice:

IP awareness must be developed and be regularly assessed as technology advances.

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Best Practice:

IP awareness must be developed and be regularly assessed as technology advances.