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Intellectual property and consumer 3D printing

Disruptive technologies influence the application and development of intellectual property. Additive manufacturing, colloquially known as 3D printing, is one such technology that has a profound impact on how goods are created, disseminated and consumed. This technology enables, in an unprecedented m...

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Main Author: Van, Wiele Bram
Other Authors: Schonwetter, Tobias
Format: Thesis
Language:Eng
Published: Department of Commercial Law 2019
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access_status_str Open Access
author Van, Wiele Bram
author2 Schonwetter, Tobias
author_browse Schonwetter, Tobias
Van, Wiele Bram
author_facet Schonwetter, Tobias
Van, Wiele Bram
author_sort Van, Wiele Bram
collection Thesis
description Disruptive technologies influence the application and development of intellectual property. Additive manufacturing, colloquially known as 3D printing, is one such technology that has a profound impact on how goods are created, disseminated and consumed. This technology enables, in an unprecedented matter, the decentralised manufacturing of goods, supplemented by user-based creation and instantaneous dissemination of the underlying digital models. From the perspective of intellectual property law, the focus of this thesis is on analysing of how consumer 3D printing creates legal ambiguity and enforcement issues that affect a multitude of actors, in interrelated, conflicting and potentially overlapping capacities. It focusses on the intellectual property regimes that are at the forefront of 3D printing, including the laws of trade marks, copyright, patents and designs. Emphasis of this thesis is on the law of South Africa; however, in the absence of judicial guidance, an examination of the laws of the United Kingdom and the European Union provides additional insights and guidance. The development of arguments in this work is grounded in technological and social premises, determined by the characteristics of the consumer 3D printing ecosystem and the additive manufacturing process, including design creation, dissemination and production. The underlying research question of this thesis is how the intellectual property framework can be used and further optimised to promote consumer 3D printing. In this context, it investigates how the interests of the following key actors can be balanced: (i) rights holders that typically wish to control design dissemination; (ii) design sharing platforms that seek to facilitate design creation and dissemination; and (iii) consumers who require access to digital designs. This thesis submits that a balance can indeed be struck, subject to complementary actorand situation specific responses. In addition to these responses, this thesis proposes minor amendments to the current South African intellectual property framework, supplemented by the clarification concerning the application of intellectual property rights, and the implementation of non-restrictive digital rights management systems.
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language Eng
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publishDate 2019
publishDateRange 2019
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spelling oai:open.uct.ac.za:11427/30332 Intellectual property and consumer 3D printing Van, Wiele Bram Schonwetter, Tobias Disruptive technologies influence the application and development of intellectual property. Additive manufacturing, colloquially known as 3D printing, is one such technology that has a profound impact on how goods are created, disseminated and consumed. This technology enables, in an unprecedented matter, the decentralised manufacturing of goods, supplemented by user-based creation and instantaneous dissemination of the underlying digital models. From the perspective of intellectual property law, the focus of this thesis is on analysing of how consumer 3D printing creates legal ambiguity and enforcement issues that affect a multitude of actors, in interrelated, conflicting and potentially overlapping capacities. It focusses on the intellectual property regimes that are at the forefront of 3D printing, including the laws of trade marks, copyright, patents and designs. Emphasis of this thesis is on the law of South Africa; however, in the absence of judicial guidance, an examination of the laws of the United Kingdom and the European Union provides additional insights and guidance. The development of arguments in this work is grounded in technological and social premises, determined by the characteristics of the consumer 3D printing ecosystem and the additive manufacturing process, including design creation, dissemination and production. The underlying research question of this thesis is how the intellectual property framework can be used and further optimised to promote consumer 3D printing. In this context, it investigates how the interests of the following key actors can be balanced: (i) rights holders that typically wish to control design dissemination; (ii) design sharing platforms that seek to facilitate design creation and dissemination; and (iii) consumers who require access to digital designs. This thesis submits that a balance can indeed be struck, subject to complementary actorand situation specific responses. In addition to these responses, this thesis proposes minor amendments to the current South African intellectual property framework, supplemented by the clarification concerning the application of intellectual property rights, and the implementation of non-restrictive digital rights management systems. 2019-07-26T07:14:34Z 2019-07-26T07:14:34Z 2019 2019-07-25T12:05:25Z Doctoral Thesis Doctoral PhD http://hdl.handle.net/11427/30332 Eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Van, Wiele Bram
Intellectual property and consumer 3D printing
thesis_degree_str Doctoral
title Intellectual property and consumer 3D printing
title_full Intellectual property and consumer 3D printing
title_fullStr Intellectual property and consumer 3D printing
title_full_unstemmed Intellectual property and consumer 3D printing
title_short Intellectual property and consumer 3D printing
title_sort intellectual property and consumer 3d printing
url http://hdl.handle.net/11427/30332
work_keys_str_mv AT vanwielebram intellectualpropertyandconsumer3dprinting