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

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posted on 2023-06-09, 05:47 authored by Dinusha Mendis, Jane Nielsen, Diane Nicol, Phoebe LiPhoebe Li
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.

History

Publication status

  • Published

File Version

  • Published version

Publisher

Oxford University Press

Book title

The Oxford handbook of law, regulation, and technology

Place of publication

Oxford

ISBN

9780199680832

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Editors

Roger Brownsword, Karen Yeung, Eloise Scotford

Legacy Posted Date

2017-04-12

First Compliant Deposit (FCD) Date

2017-04-12

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