IGNITE your…. Rapid Manufacture - IP and 3D printers
Presenter – Kim Walker, Partner at Thomas Eggar heads the commercial team and specialises in advising businesses on IP and technology law. She will present on the
"The legal implications and challenges to your IP in a 3D printer world"
Thomas Eggar LLP is a local firm that seeks out creative solutions for commercial organisations and private individuals. They aim to think differently and truly understanding a clients' needs and their industry, to be able to deliver inspiring results.
4. Copyright protects literary, artistic, musical and
dramatic works, 2D artistic works (paintings,
photographs, diagrams – including those designed
using software)
Some 3D works, for instance sculptures. Copyright
lasts for the life of the author +70 years but only 25
years where work has been mass-produced
Copyright
5. Design rights can be registered and unregistered.
Design rights protect shape and configuration of
products
Design rights last for 10 – 15 years unregistered or 25
years registered (and renewed)
Design Rights
6. Trade marks protect the origin of goods/brand
Distinctive shapes can be registered
Trade Marks
7. Protect workings of an invention
Printing a mechanism with gears and other
components is less of a mass market problem – 0.5mm
gap required dictates assembly
Patents
8. Sharing design files – designers will need to control
use of CAD models
Spare parts - Both forms of design right allow legal
copying
Will inherent low value of 3D printing infringement
claims be a deterrent? Small claims track avoids high
legal costs and the value limit increased to £10k on 1
April
Printing & Infringement
10. The Intellectual Property Bill
Announced in Queen’s speech 8 May 2013
To deliver commitments from the response to the Hargreaves
Review
Clarify and simplify design law
Re-define unregistered design right to prevent claims being
based on very small components
Re-define “commonplace”
The designer will be first owner of rights
Bring defence to design infringement into line with copyright
infringement of an artistic work
Limited defence to registered design infringement where third
party acts in good faith
11. The Intellectual Property Bill
Improving the enforcement of designs
Voluntary non-binding opinion service from Intellectual
Property Office (for UK registered designs)
NEW criminal sanctions for deliberate copying of UK or EU
registered designs and forfeiture provision
12. ERRA 2013
Restores full copyright protection to products where 2D
artworks are applied to the surface
Nokia 3D Printing Development Kit
13. Designers (owners of copyright and in future of design
rights) will be able to bring a claim for infringement.
Remedies will include damages, additional damages
for flagrant breach and injunction
Post IP Bill will also include criminal sanctions
3D printer operators risk joint liability and secondary
infringement – commercial dealing in infringing
articles
Implications for designers & machine
operators
14. Contact us
@ThomasEggarLLP
Thomas Eggar LLP
Disclaimer
The content of this presentation is intended as guidelines for clients and other readers. It is not a substitute for considered advice on specific issues. Consequently, we cannot accept any responsibility for this
information or for any errors or omissions.
Thomas Eggar LLP is a limited liability partnership registered in England and Wales under registered number OC326278 whose registered office is at The Corn Exchange, Baffin's Lane, Chichester, West
Sussex, PO19 1GE. The word ‘partner’ refers to a member of the LLP, or an employee or consultant with equivalent standing and qualifications. A list of the members of the LLP is displayed at the above
address, together with a list of those non-members who are designated as partners. Regulated by the Solicitors Regulation Authority. Lexcel and Investors in People accredited.
Thomas Eggar LLP is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation
activity which is broadly the advising on, selling and administering of insurance contracts. This part of our business, including arrangements for complaints and redress if something goes wrong, is regulated
by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website. We can also provide certain further limited investment services to clients if those services
are incidental to the professional services we have been engaged to provide as solicitors.
A comprehensive range of investment services and advice is provided by Thesis Asset Management plc, our associated financial services company. Please note that no lawyer connected with the firm is
providing services through Thesis as a practising lawyer regulated by the Solicitors Regulation Authority. Thesis is authorised and regulated by the Financial Services Authority. Thesis has its own framework
of investor protection and Professional Indemnity Insurance cover, but Thesis clients do not enjoy the statutory protection of solicitors’ clients.
Kim Walker
Tel: 023 8083 1226
Email: kim.walker@thomaseggar.com