The Left Shark, Thrones, Sculptures and Unprintable Triangle: 3d Printing & its Intersections with IP

19 Pages Posted: 21 May 2020

See all articles by Tesh W. Dagne

Tesh W. Dagne

Thompson Rivers University - Faculty of Law

Date Written: 2015

Abstract

This article explores how existing intellectual property (“IP”) law affects the rights of consumers who embrace 3D printing, by examining points of intersection between IP law and the technology. These intersections have yet to receive critical discussion in the academic literature, judicial decisions, or legislation. It won’t be long before legislatures, judges and policy-makers are called upon to regulate aspects of 3D printing activities and sort out the many issues that 3D printing gives rise to. The resolution of the issues that arise will affect the accessibility of the technology and determine the limits to the rights of manufacturers to control and to enforce their IP rights in the use of the technology.

The discussion starts with a brief description of the steps and processes in 3D printing activity. The section that follows explores how the different activities in 3D printing intersect with IP laws, with reference to three recent incidents regarding use of other technologies: the “Left Shark,” a backup dancer that ended up stealing the spotlight at this year’s Super Bowl half-time show; iron throne from HBO’s series Game of Thrones; and the Penrose triangle, an optical illusion that cannot exist in normal three-dimensional Euclidean space. This article concludes with recommendations as to possible approaches on how best to balance the rights of consumers, innovators, and other stakeholders in dealing with conflicts over IP rights that relate to 3D printing. In this respect, it is proposed that realizing the full potential of 3D printing technology requires an express recognition of user’s rights in respect to certain activities in 3D printing. Such recognition will ensure greater access for everyone to culture, knowledge, information, and education in the use of the technology.

Suggested Citation

Dagne, Tesh W., The Left Shark, Thrones, Sculptures and Unprintable Triangle: 3d Printing & its Intersections with IP (2015). Albany Law Journal of Science and Technology, Vol. 25, No. 3, 2016, Available at SSRN: https://ssrn.com/abstract=3584836

Tesh W. Dagne (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
IB2008
Kamloops, BC V2C 5N3
Canada

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
29
Abstract Views
240
PlumX Metrics