3D printing: A sui generis right for the convergent technology

Abstract

3D printing poses a challenge to traditional IP protection because of the nature of the technological convergence inherent within it. Technological convergence exists where a product takes on new roles, in the same way that a mobile phone is now capable of taking photos and playing video. This can lead to convergence within legal regulation as well; i.e. combining telephonic regulation with privacy and copyright.13D printing poses a significant challenge due to the amount of legal convergence. A 3D printed product may be regulated by copyright, patent, trade marks, passing off, design rights (both registered and unregistered), contract law, among other areas. Ultimately, 3D printing raises the issue of how law and regulation should deal with the situation where technologies converge, causing laws to overlap and conflict. This paper argues that in this situation, a new type of right should be introduced to harmonise existing law.