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3D printing: new governance of IPRs for a new era

London 3D printing show - Intellectual property rights

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When it comes to IPRs, 3D printing technologies are a double-edged sword. The ability, for everyone, to manufacture at the touch of a button creates both unlimited potential and significant challenges. Indeed, 3D printing not only brings the opportunities of the digital world to the physical world, but also its challenges, one of which is consumer piracy. Will consumers tomorrow pirate as many physical goods as they do today with digital goods? If so, what can firms do about it? The IP related issues brought about by 3D printing actually go far beyond that. As consumers become prosumers, key intellectual assets are built upon the wisdom of crowds and the inventiveness of individual customers. Likewise, corporate innovations are often built upon the contributions of several organisations. In such a context, the questions raised are: ‘what is a good use of IPRs? What is the adequate governance structure? What is the balance between creating value and capturing value?’ The topics discussed in this session are: How businesses can rethink their business models to tackle IP issues; How companies can control information and rights when co-designing products with external parties; How customers’ contributions can be assessed and rewarded within an IP framework.

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Page 1: London 3D printing show - Intellectual property rights

3D printing: new governance of IPRs for a new era

Page 2: London 3D printing show - Intellectual property rights

Ludmila Striukova, University College London

Innovation and Technology Management

Start-up mentor

Editor of International Journal of Innovation and Entrepreneurship Management

Page 3: London 3D printing show - Intellectual property rights

Current 3D printing landscape

Hard side (printers)

FDM (Fused Deposition Modelling) patents expired in 2009

Laser-sintering patents to expire in 2014)

Soft side (processes and products)

Design rights (registered and unregistered) to protect the shape and configuration of products

Copyright

protects literary, artistic, musical and dramatic work in 2D (images/designs which someone might want to print )

Underlying software to create CAD

Trade marks to protect a recognisable manufacturer’s brand (words, symbols, distinctive shapes, etc.)

Business method patents

Page 4: London 3D printing show - Intellectual property rights

Business method patent

Made-to-order direct digital manufacturing enterprise (US 8515826 B2, Kraftwurx)

online customization services for 3D-printed objects

Page 5: London 3D printing show - Intellectual property rights

Current 3D printing landscape

• Purely personal use of 3D printing to make copies of household objects and spare parts does not infringe design rights, patents or trade marks• manufacturers, may be unable to enforce design protection

against private users of 3D printing

• With the reproduction of artistic works copyright may be infringed• infringement of works previously difficult to copy

Page 6: London 3D printing show - Intellectual property rights

Current 3D landscape

• Willing or unwilling infringement

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Current 3D landscape

• Willing or unwilling infringement

• Increasing contribution via co-creation and crowdsourcing

• New ways to manage IP are needed

Page 11: London 3D printing show - Intellectual property rights

Current IP strategies

• Strong regime

• Weak regime

Page 12: London 3D printing show - Intellectual property rights

Strong regime (incentives)• creators are only likely to continue contributing in the future if

they can capture a sufficient value • a strong IPR protection is necessary

• a project can be divided into several parts to enable contributors to participate in one portion of the project only• different parts of the project will be protected by different IPRs

Divide et empera

(paste and gaze)

Page 13: London 3D printing show - Intellectual property rights

Weak regime (openness)

• weaker IPR regimes stimulate creativity and innovation • artistic creators

• open source strategy or open design strategy • a centralised design repository (such as Thingiverse)

Page 14: London 3D printing show - Intellectual property rights

Value capture vs value creation

• Greater adoption of 3D printers can develop further opportunities of crowdsourcing and mass-customisation and increase value creation.

• 3D printing can also allow value capture through cost reduction– manufactured on demand, transportation and storage costs are

decreased– cost of manufacturing is borne by consumers

Page 15: London 3D printing show - Intellectual property rights

Value capture vs value creation

• Strong regime– Easy to capture value, but

difficult to create it

• Weak regime– Easy to create value, but

difficult to capture it

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New Landscape

Page 17: London 3D printing show - Intellectual property rights

Open innovationAssociated with

• Open source – code development in the software industry– RepRap

• Creative Commons Project – access to contents with less limitation/

standardized licensing terms.

• Co-creation– User innovation/crowdsourcing

Page 18: London 3D printing show - Intellectual property rights

Open innovation:3D printing co-creation

• Design co-creation– Customisation (Cubify Cloud, i.Materialise, Sculpteo)– Co-creation (i.Materialise, Shapeways, iMakr)– Crowdsourcing (Kraftwurx, Additor)

• Printing co-creation– Printing services (Shapeways, Sculpteo, i.Materialise, Cubify

Cloud)– Printing marketplace (3DHub, MakeXYZ)– Printing at home

Page 19: London 3D printing show - Intellectual property rights

Open innovation:3D printing co-creation

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Co-ownership

• No common legal concept of co-ownership

• IP laws regulate the concept of joint inventor, co-creator, and co-owner, do not regulate how these rights may be coordinated or managed

• The administration and governance of co-ownership agreements is complex

Page 21: London 3D printing show - Intellectual property rights

Co-creating with consumers

• Consumers are happy to give up their rights as long as there is something for them

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• 3D printing design and production open innovation quests• redesign the aircraft engine bracket

• entries from any interested party• chose ten finalists who received a $1,000 reward

• designs will be 3D printed and subjected to load testing

• The top eight will receive awards from a prize pool of $20,000.

Page 23: London 3D printing show - Intellectual property rights

Open innovation:inside out approach

• Willing or not

• Users/customers with original ideas

• Game of thrones iPhone charger

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New business model

• Recent trends– Transaction and enforcement cost– People print on demand

Page 25: London 3D printing show - Intellectual property rights

New business model: contractual sharing

• Allow use via standardized licensing terms

• Standard and affordable fee

• Easy verification/payment method– Hardware/software manufactures could offer a license

• Usage is verified

• License can be revoked

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• Questions?