3D Printing Technology and Intellectual Property Infringement

In November 2018, the UK Intellectual Property Office (UK IPO) published a study on ‘3D printing and intellectual property futures’.

However, at present, there is no specific legislation in the UK governing the relationship between IP and 3D printing.

Consequently, IP owners should consider existing IP infringement laws when enforcing their IP rights against infringing individuals and/or companies.

Trademarks can include names, logos and certain shapes.

Consequently, 3D printing technology can also give rise to potential trademark infringement claims where the output of a 3D printer includes a registered mark.

Trademark Infringement under the Trade Marks Act 19994 occurs when the infringer:

• Uses a sign which is identical to another person’s trade mark in respect of identical goods;
• Uses a sign which is identical to another person’s trade mark, in respect of similar goods, and there is a likelihood of confusion;
• Uses a sign which is similar to another person’s trade mark. In respect of identical or similar goods, and there is a likelihood of confusion; and/or
• Uses a sign that is identical or similar to another person’s trademark, has a reputation in the UK, and takes unfair advantage of or is detrimental to the character of the trademark's reputation.

Despite rapid technological developments in 3D printing, the potential brand damage caused by poor-quality 3D printed products may justifiably lead to trademark owners seeking an injunction, delivery up of goods and/or damages against the infringing party.

Because trademark registration for 3D shapes is difficult, a claim for passing off is more likely to be applicable where 3D printers have created similarly shaped products.

In order to demonstrate passing off, a claimant must demonstrate that:

• the goods have goodwill attached to them
• there has been misrepresentation, which leads to the public believing that the goods belong to the claimant and
• that damage has been caused to the claimant.

The 3D printing industry has experienced significant technological advancements in recent decades.

Given these advancements, Intellectual Property rights are anticipated to become increasingly valuable in the manufacturing and scientific development industries.

Interested parties should, therefore, seek legal advice to protect their IP and enforce any existing IP.