The CoExistence of Copyright and Patent Laws to Protect InnovationA Case Study of 3D Printing in UK and Australian Law
Dinusha Mendis, Jane Nielsen, Diane Nicol, and Phoebe Li
The chapter considers the challenges faced by intellectual property (IP) laws, in particular copyright and patent laws, in responding to emerging technologies and innovation like 3D printing and scanning. It provides a brief introduction to 3D printing before moving to detailed analysis of relevant UK and Australian jurisprudence. Through this comparative analysis, the chapter explores whether copyright and patent laws can effectively protect innovation in this emerging technology, including consideration of both subsistence and infringement. The chapter suggests that 3D printing, like most other technologies, has a universal reach, yet subtle differences in the wording and interpretation of IP legislation between jurisdictions could lead to anomalies in levels of protection. It explores the possibility of a sui generis regime of IP protection for 3D printing, but submits that a nuanced reworking of existing regimes is, in the vast majority of circumstances, likely to be a sufficient response.
The Internet was designed without consideration of how it would affect intellectual property (IP) rights. Yet, it has had transformative impacts on all forms of IP, for example, making it possible for many authors and publishers to reach new audiences, to expand into new markets, and to develop new business models. The Internet also unquestionably has had significant impacts on the development of IP laws, especially copyright. Courts and legislatures have had to grapple with many legally and technologically challenging questions and have had to adapt conventional doctrines or develop new doctrines to answer them. This chapter considers notable developments in US, European, and international laws and other initiatives, focusing primarily on copyright developments, but also briefly reviewing impacts on other forms of IP, namely, trademarks, trade secrets, and patents.
This Chapter examines intellectual property rights in data and information in the European Union and major common law systems. It outlines the principal forms of legal protection or compilations of data and analyzes the competing doctrinal and economic bases for rights in information. The practical legal, economic, and theoretical issues in granting property rights to collections of factual data in major legal systems are examined in the context of European harmonization efforts. The chapter further examines the protection of data and information under the laws of confidentiality and trade secrets, and informational privacy under the common law and statutory data protection laws. Finally, the chapter outlines the scope of data exclusivity rights in respect of pharmaceuticals and the challenges in accommodating the conflicting interests of market participants in data driven economies.