3D Printing and Intellectual Property: Are the Laws Fit for Purpose?

3D printing, like any other industry, is fraught with intellectual property law considerations at all levels. These range from 3D printing hobbyists who must respect copyright when uploading and sharing file designs, to multinational companies who guard their scientific discoveries with patents and marketing designs with trademarks. Parties are not affected equally by these laws: those with a higher stake (monetary or otherwise) in intellectual property face larger repercussions if they do not respect the regulations. Many individuals and organizations consider the laws to sometimes overly favor large companies to the detriment of smaller ones and individuals, and seek reform to make the industry more just. Here, we will look at the different perspectives of this concern, and the people and institutions involved on all sides of debate.

In order to study intellectual property and its relation to 3D printing, we must first define the terms. The World Trade Organisation defines intellectual property as ‘the rights given to persons over the creations of their minds’. Within this falls two categories: copyright, which offers ownership rights to original creations (by people or companies, where the person created it as part of their job) and industrial intellectual property, which includes trademarks, patents, and trade secrets. Let’s take a closer look at each one to understand what it means.

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An Overview Of the Key Terms

What is Copyright?

We can trace copyright law all the way back to 16th century Britain. Attempts at standardization came with the Berne Convention, ratified in 1887, which saw 10 signatory states agree to the automatic protection of created works for 50 years after the author’s death. More recently, EU copyright law offers protection for 70 years after the author’s death, granting economic rights (control over the work and remuneration) and moral rights (right to attribution and right to integrity). In the US, the situation is similar; works created after 1978 with a known author are protected under copyright for 70 years from the author’s death, commonly known as life + 70. These copyright laws do of course apply to 3D printed designs: they can protect the relevant file from which prints are made. It should be said that copyright protection applies to aesthetic or design aspects of a part; useful objects or the useful components of objects are not protected under copyright but can be protected with patents and trade secrets.