Reprinting the law

Paradigm shifts and concerns in supply

chain, warranties, liabilities and IP

Ernst-Jan Louwers

3D Printing Event

Eindhoven, 21 October 2014

Why am I here?

• 3D space = entering legal swamp

• Let a lawyer guide you

o (re)design your business

o safeguard your time to market

o avoid getting sued...

• Now, let’s suppose I was your lawyer …

I would tell you:

“shift happens because of 3D…”

(Product)

liability

Supply chain

Intellectual Property

And 3D is changing the game…

• Consumers become prosumers

• Users become manufacturers

• Doctors becoming engineers

• Engineers becoming doctors

• Dentists print implants

• Hospitals become suppliers

We would discuss redesigning your

business: many topics...

Ownership

Intellectual

property

Data

Secrecy

Human tissue & cells

Compliance

Standards & certificates

Criminal laws

Privacy

Import & export

restrictions

R&D

Collaboration

Background IP &

knowhow

Foreground IP & knowhow

Valorisation & exploitation

Supply chain

Changing rolls

Relationships

Risk

Liability

Miscellaneous

Environment

Permits

Labour conditions

We would discuss fundamental issues

Intellectual Property

Materials

Methods &

Tools

Output

Liability

Risk

Who?

When?

Supply chain

Manufacturer

Reseller (?)

Consumer

And help you deal with choices:

IP closed or open?

Material Method Hardware Software and data

Output

Your business plan to market

We would talk materials

Are materials you use patentable?

Are materials you use patentable?

• In principle: yes, if novel and inventive step

• Products of nature: in principle not patentable

• Isolated human genes? o US: NO, but…

AMP/Myriad case

o Europe: until now YES

Comparable to plant breeding

o Public opinion…

We would consider methods

& tools

Are methods patentable?

• In principle: yes, if novel and inventive step

• US: also business methods… EU: only tech

• Products directly resulting from method?

o in principle YES: ‘product by process’

Tools

Hardware, software and data

Hardware: open or closed?

Software: open or closed?

What about sharing design files?

And what about 3D output?

“Everything is a remix”

but creations may be protected…

Arles, 1888 Amsterdam, 2013

Inspiration or infringement?

Lounge Chair & Ottoman

Eames; bj 1956

Mal1956: prominent op DDW 2012

Inspiration or infringement?

3D output - copy…

3D Rembrandt

Original by

Dirk van der Kooij

Copy by Drawn, Paris

3D output - infringement?

3D output - infringement…?

3D output - infringement…?

Free Universal Construction Kit

3D mashups – infringement?

Mashups by Freyja van den Boom

3D output – infringement (?)

3D output – infringement (?)

Human tissue, organs and spare

parts

Bioprinting:

Frankenstein

revisited?

“By 2016, 3D printing of tissues

and organs (bioprinting) will

cause a global debate about

regulating the technology or

banning it for both human and

nonhuman use.”

Gartner 2013

Reprint your partner…

Can you patent an ear?

Printed using human cells from Lieuwe van

Gogh, great-grandson of Vincent van

Gogh (sharing 1/16th of the same genes)

Protheses and dental

Protheses and dental

• 3D printed jaw patentable?

• 3D printed joints patentable?

• Shape and function?

• Or only the material?

BUT again:

• Method and output as ‘product by process’

• Mixtures and intermediate result may be

patentable

Protheses and dental & IP

Challenge: IP enforcement

• IP = national law

• Sharing on internet

Supply chain:

legal consequences

of 3D?

Source: JonesLangLasalle

Not only rapid prototyping

Nike Vapor Laser Talon

Additive Industries

What’s cooking? Spare parts

• GE: by 2020 60,000 spare parts printed locally by

carriers

• 3D printing customer

• Warranty?

• (Product) liability?

• Recall?

Service providers – liability?

Service providers

• Responsibility? Notice and

takedown

• Liability?

• Warranty?

• Agency?

Shapeways

Thingiverse

Terms of Service

Notice and Takedown

Open Hardware license model

Consumer ‘prosumer’

• Private space:

o in principle no infringement in EU

o but in US and other countries possibly also

infringing!

• Liability & warranty?

• Taxes (VAT…)?

Prosumer

Design and

CAD file

Material

Output

Printer

Of course you take risks but only…

Calculated

Because something can go terribly

wrong...

Such as output…

Contamination…

Rupture of implant…

Broken hinge…

Spare part in dishwasher…

Possibly leading to product liability

• Defective products

• Who is responsible?

• Who is liable?

o “producer”: who is producer?

o where is production?

Spare parts printed by customers or

service points

• What about warranty?

• Who is liable?

• Which liability for what?

• Product liability?

• Recall?

Health care: hospital as reseller

• Approvals?

• Own responsibility?

• Liability?

• Warranty?

• Agreements?

• Remove?

• Recall?

Let’s roll the dice:

whatever your game is…

Protect Contract Manage

Reposition Reconsider Reorganize

Not only prepare business plan

What is your roadmap to market?

Let ‘legal’ enable your business

Material Methods Hardware Software and data

Output

www.louwersadvocaten.nl

@louwerslaw

@ejlouwers

louwers@louwersadvocaten.nl

+31 40 2393200

+31 6 52 048154