The implications of 3D printing on Intellectual Property Law

Abstract

3D printing is poised to transform the way people perceive objects by enabling their near instantaneous creation at the mere press of a button. This technology has the potential to cripple multi-billion euro industries such as transportation and traditional manufacturing. However, potentially the most significant and far-reaching ramifications may be experienced by the current intellectual property legal regime. In response to the above, this disquisition primarily seeks to establish whether the act of 3D printing a physical object conforms to the intellectual property laws currently applicable in Malta, and thus to identify any lacunae or otherwise problematic areas of the law which need amendment or reform. Specific attention is given to ascertaining whether the activities carried out in pursuit of 3D printing an object give rise to, infringe, or are otherwise unsusceptible to the most prevalent types of intellectual property, namely, copyright, patents and trademarks. Following a comprehensive legal analysis of the relevant laws, substantive recommendations for the revision of certain aspects of the law are provided, as well as suggestions for further research into the viability of enforcing intellectual property rights in the event that 3D printers reach critical mass. It is to be hoped that this study will spark a local dialogue on the broader socio-legal issues surrounding 3D printing, eventually culminating in appropriate and proportional amendments being enacted to Maltese legislation. Optimistically, the conclusions drawn from this disquisition may in some form aid, or comprise the basis of, future reform.