Presentation by Patrick Van Eecke (DLA Piper) about the legal challenges of 3D printing

1. 3D Printing
Legal challenges
Prof. dr Patrick Van Eecke
Universiteit Antwerpen
Partner – DLA Piper - Brussels

2. The 3DP habitat
Government
3D print
shops
3D software
providers
3D
hardware
providers
3D ink
providers
3D template
platforms
Right
holders
3D product
users
3D printers
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3D template
developers
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3. Typical legal issues
Government
3D print
shops
3D software
providers
3D
hardware
providers
3D ink
providers
Product
liability
3D template
platforms
Copyright
Right
holders
3D product
users
3D printers
3D template
developers
Software
liability
Import
restrictions
Intermediary
liability
Patents &
Designs
Food Safety
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4. Copyright
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5. European directives
 Copyright Directive
 Directive 2001/29/EC of the European Parliament and of the
Council of 22 May 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society
 Copyright Enforcement Directive
 Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual property
rights

6. Copyright protection
Protected
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Photography
Text
Article
Film
Song
Computer program
Database
Building
etc.
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Requirements
• Original
• Expression
• No formalities
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7. Copyright

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9. Copyright on templates
 Template author is protected
 Copyright laws automatically apply
 Creative commons
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10. Copyright infringements when
scanning
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11. Trademarks & Designs
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12. Benelux Treaty on
trademarks and
designs
Registration requirements
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13. Trademarks & Designs

14. Passing off
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15. Patents
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16. Patent
 Image reproduced under the creative commons attribution licence: Flickr user 'diaper'.
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17. Product liability
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18. From instruction manuals to spare parts
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19. Spare parts
 Teenage Engineering Make CAD Files Available to 3D
Print Replacement Parts
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20. Legal framework
 Product liability Directive
 European Directive 85/374/EEC on the approximation of the laws,
regulations and administrative provisions of the Member States
concerning liability for defective products
 establishes the principle of liability without fault applicable to
European producers
 A product is defective where it does not provide the safety which
a person is entitled to expect, taking all circumstances into
account, including:
 the presentation of the product;
 the reasonable use of the product;
 the time when the product was put into circulation
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21. Exemptions
• he did not put the product into circulation;
• the defect appeared after the product was put into circulation;
• the product was not manufactured to be sold or distributed for
profit;
• the product was neither manufactured nor distributed in the
course of his business;
• the defect is due to compliance of the product with mandatory
regulations issued by the public authorities;
• the state of scientific and technical knowledge at the time when
the product was put into circulation was insufficient to identify
the defect. On this point, the Member States are permitted to
take measures by way of derogation;
• the defect of a component was caused during the manufacture
of a final product.
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22. Software and hardware
providers
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23. Patrick Van Eecke
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24. Software
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIMBLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) TRIMBLE MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE
OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, (IV) THAT ANY ERRORS IN
THE SOFTWARE WILL BE CORRECTED AND (V) REGARDING THE RESULTS OR OUTPUT OF THE SOFTWARE.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY
COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES
IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL
DAMAGE.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRIMBLE OR ANY THIRD PARTY OR THROUGH THE
SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIMBLE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF TRIMBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR
THE INABILITY TO USE THE SOFTWARE; (II) THE INABILITY TO USE THE SOFTWARE TO ACCESS CONTENT OR DATA; (III) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
OR (V) ANY OTHER MATTER RELATING TO THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
13. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE
LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE
LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND TRIMBLE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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25. Hardware
WARNING: Some printed parts may present a
CHOKING HAZARD or may be SHARP; not for
children under 3 years old.
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26. 3D Ink : liability issues
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27. Counterfeit
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28. Counterfeit (valsmunterij)
 3D metal printing
 up to 20 yrs imprisonment
 also applicable to accomplices
 Need for anti-counterfeit software in
3D printers as in paper
photocopiers?
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29. Import restrictions
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30. 3D printed guns
templates:
http://www.cncguns.com/downloads.html
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31. Intermediaries
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32. intermediaries
Objects tagged with 'star wars' are available on the Thingiverse
site (http://www.thingiverse.com/tag:star_wars).
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34. Legal framework
 European eCommerce Directive
 Directive 2000/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the Internal
Market ('Directive on electronic commerce')
 Liability exemptions
 Monitoring prohibition
 European Court of Justice case law
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35. 3D Print shops
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36. Conclusion
patrick.van.eecke@dlapiper.com
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