Abstract

3D printing (3DP) technology is a mature general-purpose technology that was expected to be adopted widely by companies and society at large. This expectation was due to the particularities of the 3DP sector where closed and open innovation co-exist and open approaches, such as the Maker Movement using open source software and hardware, are present. Likewise, the entrance into the public domain of the core 3DP technology patents entailed the development of low-cost 3DP which was expected to reach everybody’s homes.

3DP has been used in big industries, such as automotive or aerospace, for a long time, but the adoption that was expected from end-users has not happened. Unlike other technologies, 3DP has a slower development. It is still on the path to industrialisation mainly due to non-IP barriers such as the strength and reliability of materials, costs or certification needs. Furthermore, several non-IP barriers impede end-users’ adoption, including the skills needed and high costs.

IP has been linked to 3DP since its invention, including patents, designs, copyright and trademarks. Until now, most of the IP literature has focused on the potential for infringement of 3DP arguing that individuals would use the technology to infringe IPRs massively. This perspective may have led to a misconception of 3DP picturing it as a threat, even if there is no case law regarding IP infringement. Thus, most people are unaware of 3DP’s potential to benefit the Circular Economy, for instance, by promoting the Right to Repair and the production of parts and spare parts locally and on demand. Due to the lack of legal clarification on some 3DP elements, as well as the existing uncertainties regarding the Right to Repair, IP protection could affect the diffusion of 3DP technology and its potential benefits for the Circular Economy.

Speaker profile

Rebeca Ferrero Guillén is a Spanish IP lawyer and PhD researcher at Max Planck Institute for Innovation and Competition (Munich). She obtained her LL.M. in Intellectual Property Law (Magister Lvcentinvs) from the University of Alicante and has professional experience in law firms, the EUIPO and the EPO. As an IGIR PhD fellow, she is currently working on her doctoral thesis focusing on 3D printing and its benefits for the circular economy.