Reconceptualizing the interface of copyright and design rights for 3D printing

Abstract

• Three-dimensional (3D) printing technologies and platforms are becoming more prominent, faster and more ubiquitous, and they have significantly challenged the modular IP system. Currently, an unclear interface between different types of IP rights has led to the overprotection of design files. Moreover, despite the significant growth of designs in China, the current debate on cumulative design protection is more focused on UK and European law. • This article investigates the current interface between copyright and design rights for 3D printing design files. To fill the gap in the literature, a comparative approach is taken to compare the laws between Europe, at the European Union and national levels, and China. This article views the road ahead for developing the IP legal system from three aspects: the identification of disclosure, the criteria to establish copyright originality and design novelty and the limitations and exceptions for the use of designs. • In terms of practical significance, this article helps designers better understand the legal landscape when dealing with designs that are easily transmitted and traded across borders. It provides law and policymakers with a more robust understanding of the nuanced ways that IP rights operate in industrial contexts.