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Overview Along with experts from around the world, Mendis, Lemley and Rimmer consider the legal and intellectual property implications relating to 3D printing and emerging technologies in the UK, USA, and Australia. This edited book will consider the legal and intellectual property (IP) implications relating to 3D printing and emerging technologies from the perspective of UK, USA and Australia. The book aims to provide an in-depth consideration of the intellectual property implications of 3D printing, before moving on to a consideration of the legal and intellectual property challenges posed by future and emerging technologies. As such, the book will set out some of the most pressing challenges for intellectual property in the present times, as a result of 3D printing before moving on to a consideration of the future by discussing not only intellectual property, but also other legal challenges (i.e., contractual, privacy, ethical issues) as a result of emerging technologies with the focus kept firmly on the three chosen jurisdictions. Introduction From the Maker Movement to the 3D Printing Era: Opportunities and Challenges - Dinusha Mendis, Mark Lemley and Matthew Rimmer Chapter 1: IP in a world without scarcity – Mark Lemley PART ONE UNITED KINGDOM Chapter 2: ‘Mind the gap’: From engravings to 3D designs and 3D scans – re-evaluating copyright law in a 3D printing world – Dinusha Mendis Chapter 3: Design rights and 3D printing in the UK: Balancing innovation and creativity in a (dis)harmonised and fragmented legal framework – Thomas Margoni Chapter 4: Digital trade mark infringement and 3D printing implications: What does the future hold? – Dukki Hong and Simon Bradshaw Chapter 5: 3D printing and patent law – apt and ready? – Marc Mimler Chapter 6: Transformative technologies and responsive legal scholarship – Roger Brownsword PART TWO UNITED STATES OF AMERICA Chapter 7: 3D printing and US copyright law: implications for software, enforcement and looking ahead to business strategies – Peter Menell and Ryan Vacca Chapter 8: Integrating a classic tool for a modern US challenge: US design patents implications for 3D printing – Elizabeth Ferrill, Robert MacKichan, Christopher McKinley and Kelly Horn Chapter 9: How 3D printing disrupts trade dress protection and resurrects the need for source and quality assurance – Deven Desai Chapter 10: Remedies for digital patent infringement: A perspective from USA – Timothy Holbrook Chapter 11: How democratized production challenges society’s ability to regulate – Deven Desai PART THREE AUSTRALIA Chapter 12: Makers Empire: Australian copyright law, 3D printing and the ‘Ideas Boom’ – Matthew Rimmer Chapter 13: ‘Substantial similarity’ under Australian design law: application to 3D printing – Tyrone Berger Chapter 14: Trade mark controversies in 3D printing: An Australian perspective – Amanda Scardamaglia Chapter 15: The reform challenge: Australian patent law and the emergence of 3D printing – Jane Nielsen and Dianne Nicol Chapter 16: Don’t believe the hype? Recent 3D printing developments for law and society – Angela Daly Conclusion: The future of printcrime: intellectual property, innovation law and 3D printing – Dinusha Mendis, Mark Lemley and Matthew Rimmer

On 23 November 2017, the European Parliament, published a Working Document titled Three-Dimensional Printing, a Challenge in the fields of Intellectual Property Rights and Civil Liability. The publication went on to state that the European Commission ‘has made 3D printing one of the priority areas of technology’. The technology was also referred to in the European Commission’s recent reflection paper on ‘harnessing globalisation’ stating that 3D printing, amongst other emerging technologies, ‘will revolutionise how we produce, work, move and consume’ (emphasis added). In April 2018, the European Commission demonstrated its commitment to exploring the intellectual property implications of industrial three-dimensional printing by commissioning research in to this area, in a move to shape policy. In a further publication titled, The Next Production Revolution: Implications for Governments and Businesses, it was emphasised that ‘long-term thinking is essential’ for technologies such as 3D printing. The report went on to say that ‘in addition to addressing short-term challenges, leaders in business, education, unions and government must be ready to frame policies’ and reflect on ‘how policy priorities may need to evolve, in fields as diverse as the intellectual property system, competition and trade policies, and the distributional implications of future production’. As such, 3D printing, presents various challenges for the legal, ethical , medical and health and safety sectors. Amongst these various concerns, the report makes reference to the impact of 3D printing on intellectual property rights (IPRs). The imminent change and the need for responsive policy, particularly in the area of IPRs has been acknowledged and echoed in a number of countries, including the United Kingdom (UK), the United States of America (USA) and Australia – the jurisdictions which are the focus of this book. This introductory chapter is set out as follows. It commences with a brief introduction to 3D printing, additive manufacturing and the more recent phenomenon of the maker movement. Thereafter, it moves on to setting out the reasons for selecting UK, USA and Australia as a basis for consideration, before providing a brief synopsis of some of the intellectual property challenges addressed in the book. It concludes with an overview of the layout of the book.

In a 2006 short story, ‘Printcrime’, Cory Doctorow imagined a dystopian future of contraband 3D printers. In the work, police try to shut down a bootleg operation, which engaged in the 3D printing of intellectual property. In his 2009 novel Makers, Cory Doctorow explored the rise of the maker community, and its do-it-yourself ethic. In an interview about the novel, the author reflected: "There has never been a better time to be a maker because finding the people who know how to fix the thing that's broken has never been easier. Finding someone else who has done 80% of what you want to do, and sharing the things you have done with other people, has never been easier. A maker is someone who is of and in the 21st century." Rather prophetically, he discussed the prospect of intellectual property conflicts around 3D printing (particularly around copyright infringement and trademark infringement), and future controversies over 3D printing guns. In his 2015 short story, ‘The Man Who Sold the Moon’, Cory Doctorow imagined 3D printing in space. This body of creative work has been an important inspiration for the Maker Movement – but it has also shown a critical engagement with the law, ethics, and public policy associated with 3D printing and additive manufacturing. Inspired by such science fiction, there have since been a number of optimistic, utopian manifestos published on the topic of 3D printing and the rise of the Maker Movement. There has been high hopes that the emerging, disruptive technology will be part of a new industrial revolution. The founder and executive chairman of the World Economic Forum, Klaus Schwab, situates 3D printing within the framework of a fourth industrial revolution. He predicted: ‘As current size, cost and speed constraints are progressively overcome, 3D printing will become more pervasive to include integrated electronic components such as circuit boards and even human cells and organs.’ Schwab anticipated that there would be a ‘new generation of self-altering products capable of responding to environmental changes such as heat and humidity.’ Moreover, he expected that ‘this technology could be used in clothing or footwear, as well as in health-related products such as implants designed to adapt to the human body.’ Schwab placed 3D printing alongside autonomous vehicles, advanced robotics, and new material as physical manifestations of larger technological megatrends. In this context, this collection provides a sober, critical evaluation of the legal, ethical, and public policy issues in respect of intellectual property, innovation law, and 3D printing. Building upon Mark Lemley’s chapter, ‘IP in a World Without Scarcity,’ it considers the legal opportunities and challenges of the Maker Revolution. It provides both theoretical and empirical insights in respect of 3D printing, intellectual property, innovation, and regulation.