WHAT
IS 3D PRINTING?
First started in 1987,
3-D Printing is also known as Additive Manufacturing in which layers after
layers of material are created to create an object. This method helps in making
precise and complex products with less wastage than traditional manufacturing.
Many low cost and high performing 3D printers are available in the market which
makes it very convenient to produce things. This makes it very easy to
manufacture whatever anyone wants, opening a gateway to Black Market of such
products. A variety of things ranging from fabrics to ceramic can be printed
using this technology.
WHAT
IS REQUIRED TO PRINT A 3D OBJECT?
To make a product using 3D printing only two
things are required which is: an electronic prototype of the wanted product and
a 3D printer. Electronic prototype can be obtained by two means; the first
being obtaining or buying the electronic blueprint online and second being
writing the programme by self.
LEGAL
ASPECT
While looking from a
legal aspect there are two things that need to be protected as Intellectual
Property: the CAD (Computer Aided Device) file, and the product itself.
COPYRIGHT
LAW
The CAD file, which
instruct a computer to print an object, can be protected under the Copy Right
Act, 1957 under section 14 subsection (b) and (c) which says that definition of
a Copyright includes any two dimensional depiction of a three dimensional work
and vice versa when it is written originally by a user. The CAD files are a
relevant piece of evidence when it comes to stopping someone from infringing
the copyright.
However the CAD file
which is developed after scanning an object in which case the CAD file will be
an exact replica of the object. This becomes a problem when the consumers are
given the freedom to produce articles of need at home.
DESIGNS
LAW
Although the word CAD had
design in it, it does not fall in the definition of Design of the Designs Act,
2000 as a single consumer who produces goods for himself won’t fall in the
category of “industrial process’’. For example, jewellery as such is not
patented but the design of jewellery by Tanishq Jewellers is, a consumer
printing such jewellery will be infringing the Design. Therefore if the good is printed/produced for
personal use there is no infringement, however when the good is printed for the
purpose of selling, it becomes an infringement.
PATENT
LAW
If the product in dispute
is a Patent protected product, then a 3D printed replica of the same can be
stopped from being distributed in a market. However if it is not Patented then
there is in no law that protects the product from being illegally reproduced.
WILL IT MAKE COUNTERFEITING OF
GOODS EASIER MANIFOLD?
The problem with 3D printing is that if a product
which is copyright/ trade mark/ design protected is copied and printed through
a 3D printer by a consumer for personal use there will no infringement of any
of the copyright/ trade mark/ design. However if the same is done with the
intention of selling the product or use it commercially, there will be an
infringement.
This makes it very
difficult to determine the right of the person holding a license of such
product which is copyright/ trade
mark/ design protected is violated or not since he will face damages and lose
market even if consumer of his product(s) start producing his goods for
personal use.
SOLUTION
1. We need laws governing sale of 3D Printer
to households, since it will disrupt the economy by making products available
at low costs
2.
The words ‘private use’ and
‘non-commercial personal use’ need to be replaced as they produce a grey area
for reproduction of products and CAD files and will affect the revenue of the
license-holders.
3.
The term “industrial process” in the Designs
Act needs to be removed or replaced or it will lead to opening up gateways to
Black Market of 3D printed replicas.
CONCLUSION
3D printing as of date does
not pose any threat to the economy, but however in the near future when this
technique of production will get more efficient and cost effective it will be a
potential threat to the economy because it will result in:
1.
Mass unemployment, since it will be more
precise is production,
2.
Easy/availability of products since the
products will be printable at home;
3.
Huge rate of infringement of products,
trademarks and designs as there is no law protecting the same.
Written By
Shubhangi Gaur
IV Year
Disclaimer: The views and
opinions expressed in the article are those of the author and do not reflect
the views and opinions of the Blog.
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