A case study on 3D printing, private use and the infringement of Industrial Property Rights
Online seminar, Wednesday 9 December 2020, 14.30 (GMT)
It has widely been argued that 3D printing will constitute a technology which has the potential to disrupt present business models. The technology is expanding and the application of uses that 3D printers can conduct are increasing. Additionally, while the prime area of 3D printing remains within industrial uses, they are more and more becoming a commodity which can be acquired by everyone and used domestically. It is therefore perceivable that 3D printers will become a staple good which will be part of many households.
The paper discusses the potential impact of 3D printing on industrial property rights, such as patents and designs. The particular focus of this paper will be on the question whether exempting private and non-commercial uses from infringement could become obsolete with the rise of domestic 3D printing. Private and non-commercial uses of patents and designs are exempted from patent and design infringement.
The focus of the paper lies in investigating the effect of domestic 3D printing on the application of the private and non-commercial use exceptions. It then looks at how a perceived gap in the protection of IP right holders could be addressed and will focus on the potential of applying a teleological reduction of these provisions by courts. Teleological reductions derive from German legal methodology and enable courts to reduce the wording of a provision if such a literal interpretation would not serve the purpose, i.e. telos, of the provision. The analysis will be conducted by assessing the application of the pertinent laws of Germany and the United Kingdom.
Dr Marc Mimler is Senior Lecturer in Law at Bournemouth University
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