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

Nordberg, Ana LU and Schovsbo, Jens Hemmingsen (2017) In 3D Printing, Intellectual Property and Innovation p.275-302
Abstract
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... (More)
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. (Less)
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author
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Law, 3D Printing, Law & Technonology, Design Law, EU-law, Rättsvetenskap, Immaterialrätt, EU-rätt
in
3D Printing, Intellectual Property and Innovation
editor
Ballardini, Rosa Maria ; Norrgård, Marcus; Partanen, Jouni; ; and
pages
28 pages
publisher
Wolters Kluwer
ISBN
9789041183828
language
English
LU publication?
no
id
fa40594a-f553-45d1-ae64-42db3c289c15
date added to LUP
2018-01-11 10:02:28
date last changed
2018-01-15 09:44:19
@inbook{fa40594a-f553-45d1-ae64-42db3c289c15,
  abstract     = {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.},
  author       = {Nordberg, Ana and Schovsbo, Jens Hemmingsen},
  editor       = {Ballardini, Rosa Maria  and Norrgård, Marcus and Partanen, Jouni},
  isbn         = {9789041183828},
  keyword      = {Law,3D Printing,Law & Technonology,Design Law,EU-law,Rättsvetenskap,Immaterialrätt,EU-rätt},
  language     = {eng},
  pages        = {275--302},
  publisher    = {Wolters Kluwer},
  series       = {3D Printing, Intellectual Property and Innovation},
  title        = {EU Design Law and 3D Printing : Finding the Right Balance in a New E-Ecosystem},
  year         = {2017},
}