Intellectual Property and Regulatory Issues in 3D Printing

Many companies are already producing physical goods the way software produces information in video, audio and text formats. It's called 3D printing, and it's the model of "manufacturing production that accompanies an Internet of Things economy", writes Jeremy Rifkin in "The New Zero Marginal Cost Society". Used for years by companies to produce prototypes (the first 3D printer dates back to 1988), 3D printing is a long-standing technology that is rapidly expanding. The British magazine "The Economist", sees it as one of the catalysts of a "3rd industrial revolution", whose impact on business will be considerable. According to the Wohlers Report 2014 study, the global 3D printing sector could generate $12.8 billion in sales in 2018 and exceed $21 billion in 2020. However, as was the case in the music industry with the possibility for individuals to record on cassettes (MP3 files), and in the film industry with the digitization and online sharing of files, the popularization of 3D printing is sometimes perceived as a threat. This technology does indeed carry risks, notably that of value capture by new entrants (software publishers/platforms, hardware/software solution vendors, etc.), ultimately reducing the role of manufacturers to that of mere "doers". Thus, the current metamorphosis marks the beginning of a new era, in all fields, and not even the law needs to be reformulated. The development of 3D printing raises a number of questions concerning respect for Intellectual Property (IP) rights on physical objects that are the exclusive object of protection. In particular, it increases the risks of piracy and counterfeiting. More generally, is the 3D printing system even compatible with our legal notions? Holders of IP rights (literary and artistic property, including copyright, and industrial property rights such as patents, trademarks, designs, etc.) fear that the ability to digitize tangible objects using a scanner, and the resulting circulation of CAD files, will lead to an unprecedented infringement of their prerogatives.

It is therefore necessary to understand the legal implications of this new technology, particularly with regard to intellectual property, while anticipating the new challenges posed by a more collaborative approach to the economy. However, the legal framework for 3D printing is already a reality, even if tensions do exist. The introduction of additional limits, whether legal or regulatory, with a view to preserving the security of players, is nonetheless proving necessary.

In the documentation section of this article, readers will find numerous links to the works and texts cited.