3 October 2013Patents

CIPA 2013: IP in the “uncharted waters” of 3D printing

The advent of 3D printing will put IP into “uncharted waters”, lawyers at the Chartered Institute of Patent Attorneys (CIPA) Congress were told.

At CIPA’s annual conference in London, lawyers were told there were still questions which needed answering ahead of the concept's journey into the mainstream.

The controversial topic was the first up for discussion at the two-day meeting.

Although IP rights can apply to the concept of 3D printing, there has been speculation as to what rules will apply if they become mainstream.

Among the concerns are what will happen if individuals manufacture items for personal use, potentially causing problems with reproduction of protected products or design concepts.

Michael Weinberg of Public Knowledge, a Washington, DC-based organisation which fights for consumers rights to use technology lawfully, said it had long been the case that everything experienced online had protection; “everything you see on the screen is protected by IP,” Weinberg said.

“However, 3D printing gives you the opportunity to step away from screen, look around the world and realise not everything is protected.

"While it presents an opportunity it will also be a challenge from a legal perspective.”

Quentyn Taylor, director of information security at Canon Europe, asked how far the concept could go.

“Exactly how much and to what extent people are going to print is unclear,” Taylor said.

Taylor added that, although the technology was “some way off,” it was not beyond the realms of possibility for people to use the printer to manufacture replica products, potentially causing a legal minefield.

“Some laws may become unenforceable. You cannot sue everybody but instead have to work out different ways to determine what is worth protecting. Lawyers will shape future and I think that is a key point.”

The lively discussion was then opened up to the floor for further consideration with questions including who would be liable for infringements and to what extent.

David Knight, partner at Field Fisher Waterhouse LLP in London, asked what role the manufacturers and distributors would play.

“It's unlikely that someone who manufactures and sells a product on will be found to be infringing,” Knight said.

“However, not every home is expected to have access. I would think it's likely that certain communities will have access via a hub. The question is will they [the hub] act rather like an Internet service provider and sit and churn things out until the equivalent of a takedown notice is received?

“We are in uncharted waters, similar to what was seen with the Internet and its relationship with music and videos. It took off very quickly and took a while to settle down. I would expect that to be repeated in the 3d printing world.”

The CIPA conference runs from October 3-4.

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23 September 2013   The Chartered Institute of Patent Attorneys will have its annual conference in London on October 3 and 4. WIPR caught up with some of the key speakers at the event.