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Study On Intellectual Property Protection Issues In 3D Printing

Posted on:2018-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:W F TanFull Text:PDF
GTID:2346330515490366Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development of 3D printing technology causes a series of new problems,while bringing convenience to production life.The intellectual property problem is extremely prominent.3D printing makes individuals acquire the ability to manufacture complicated products rapidly.However,when doers manufacture these products,they are likely to violate legal rights of relevant obligee.However,under the existing law,it is hard to identify relevant behaviors of infringement act.Obligee can’t be protected properly.In the paper,by analyzing legal risks brought by intellectual property,the author proposes relevant measures on improvement.In the part one,the author introduces 3D printing technology,including 3D printers,3D printing documents and 3D scanning,etc.,and summarizes development situation of 3D printing technology at home and abroad,and provides some basic knowledge.In the part two,the author discusses intellectual property rights and shortcomings of existing law for development of 3D printing technology from copyright,patent law and trademark act.In copyright,3D printing technology may cause difficult identification of infringement act,because the definition of “reproduction right”.In the paper,the author discusses reproduction forms of three 3D printers and elaborates “heterogeneous reproduction”,which has a great dispute.In patent law,beginning with four different behavioral agents in 3D printing,the author discusses possible implementary behaviors in 3D printing process and whether these behaviors can be identified by patent infringement.According to different subjects,there is relevant discussion on direct infringement and indirect infringement.In trademark act,the author mainly proposes two possible trademark infringement behaviors and methods for identification under the background of 3D printing.In the part three,based on relevant types of infringement act and shortcomings of existing law as above mentioned,the author proposes some countermeasures on improvement.In structure,the author undoubtedly abides by the mode in the part two,namely the author discusses from copy right,patent law,and trademark act.In copyright,the author proposes extensification on the definition of “heterogeneous reproduction” and distinguishes legislation.Particularly,plane fine art is printed into 3D objects and how to stipulate such an infringement act,so as to better protect legal rights of relevant copyright owners in 3D printing era.In patent law,the author proposes to delete the stipulations that “regard production operation as a purpose,define components of patents’ indirect infringement and introduce technical protection measures,etc.,hoping that legislation can better maintain legal rights of patentees and balance patentees and direct benefit balance of the public.In trademark act,the author proposes to define reasonable usage able of individuals,reinforce suggestion on protecting holders of the use right,so as to maintain legal benefits of trademark owners.
Keywords/Search Tags:3D printing, reproduction right, indirect infringement, trademark infringement, legislative perfection
PDF Full Text Request
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