The co-existence of copyright and patent laws to protect innovation — a case study of 3D printing in UK and Australian law

Mendis, Dinusha, Nielsen, Jane, Nicol, Diane and Li, Phoebe (2017) The co-existence of copyright and patent laws to protect innovation — a case study of 3D printing in UK and Australian law. In: Brownsword, Roger, Scotford, Eloise and Yeung, Karen (eds.) The Oxford handbook of law, regulation, and technology. Oxford University Press, Oxford. ISBN 9780199680832

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Abstract

The chapter considers the challenges faced by intellectual property (IP) laws, in particular copyright and patent laws, in responding to emerging technologies and innovation like 3D printing and scanning. It provides a brief introduction to 3D printing before moving to detailed analysis of relevant UK and Australian jurisprudence. Through this comparative analysis, the chapter explores whether copyright and patent laws can effectively protect innovation in this emerging technology, including consideration of both subsistence and infringement. The chapter suggests that 3D printing, like most other technologies, has a universal reach, yet subtle differences in the wording and interpretation of IP legislation between jurisdictions could lead to anomalies in levels of protection. It explores the possibility of a sui generis regime of IP protection for 3D printing, but submits that a nuanced reworking of existing regimes is, in the vast majority of circumstances, likely to be a sufficient response.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K1401 Intellectual property
Depositing User: Phoebe Li
Date Deposited: 12 Apr 2017 10:23
Last Modified: 12 Apr 2017 10:23
URI: http://sro.sussex.ac.uk/id/eprint/67393

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