The report outlines a set of legislative and regulatory
proposals to foresee future developments in the field of 3D
printing technologies, which are predicted to impact the
fields of medicine, aeronautics, architecture, mechanical
engineering, and design among others. Yet the spread of new
3D technologies is accompanied by a set of ethical, legal
and security concerns.
The draft own initiative report was adopted in Plenary with
631 votes in favour 27 against and 19 abstentions.
Copyright
For the decades in which 3D printing technologies have
existed, there have not been major copyright or
intellectual property rights problems, however the law
still remains unclear on areas regarding patents,
copyrights and trademark. The Legal Affairs report stresses
that innovation needs to be promoted and accompanied by
law. The EU therefore needs to accelerate the adoption of
new legislation or adapt current rules to the specificities
of 3D technologies, without duplicating rules or the law
acting as a constraint. The report states that specific
attention needs to be given to protection of files from
being illegally downloaded and unlawful products from being
produced.
Civil liability
The rules regarding civil liability, as defined
by the
e-commerce directive, currently apply to 3D printing.
Due to the complexity of the 3D printing process, MEPs call
for the creation of specific rules for 3D printing and call
on the Commission to take a closer look at legal issues.
Owing to a lack of legal precedents regarding civil
liability for 3D printed products, it can be difficult for
a claimant to identify the person responsible in case of an
accident or defect, whether it is the manufacturer or
vendor of the file, producer of the 3D printer or the
software.
Next steps
The draft own initiative report was adopted in Plenary with
631 votes in favour 27 against and 19 abstentions.
Background
Three-dimensional printing is considered one of the
priority areas of technology by the EU. The Commission has
referred to it as one of the main factors in bringing about
industrial transformation (COM(2017)240), which
will drive forward the way we produce and consume products
and services.
Legal experts consider that to this day 3D printing has not
had a major impact on copyright. However, it is expected
that copyright problems may arise when 3D printing
technologies become widespread in the industry, and
therefore it is particularly important that EU legislation
enforces intellectual property protection laws. When it
comes to civil liability, it is a matter which is not
harmonized and is subject to national legislation. At an EU
level rules apply to more specific areas such as civil
liability for defective products.
