What is three-dimensional printing technology?
Three-dimensional (3D) printing technology is a term that emerged in the late 1980s and is used to cover fast, cheap and quick prototyping, production or reproduction technologies. The 3D printing process starts with the object or objects to be printed being formatted into a digital file using a software or printer with 3D printing technology. This digital file is then transferred to a printer with specialized software that converts the model contained in the digital file into a 3D object in physical form by combining layers of melted raw material.
Many products created using 3D printing technology have traditionally been produced by separating large quantities of raw materials into smaller pieces then reassembling them. Now, thanks to 3D printing technology, production is more cost-effective, practical and efficient than ever before.
With today's 3D printers, it has become possible to use a wide range of raw materials, from plastics to ceramics, metals to mixed materials. This widening of the range of materials used in the production process positively affects many sectors and brings unique opportunities for innovation and novelty. As 3D printers are now less costly, and with production yields and profit margins reaching into the billions, 3D printers are being preferred even for domestic use. This opportunity may lead to an increase in intellectual property infringements and make it more difficult to detect and control these infringements.
3D printing technology and intellectual property rights
The development of 3D printing technology has led to the production of printers with this technology in more compact and portable sizes, thus becoming more widespread and preferred for individual use even in homes. Although it is a field that requires technical and specialized requirements, 3D printing technology is frequently preferred because it provides ease of production and practicality in many different fields.
Although 3D printing technology makes production less costly, faster and more practical both on an individual and sectoral level, these same practical benefits reveal the necessity to examine the threats that this technology may pose to intellectual property rights. In fact, 3D printing technology may be used in the production of a product, invention, work or form protected by a patent, utility model, copyright or design right. This technology also paves the way for the easy execution of production processes that may lead to the violation of intellectual property rights.
Realizing the threat of infringement posed by 3D printing technology, various right holders have started to develop certain methods to prevent their products from being produced by third parties through this technology. For example, a foreign-based security company marks its products with plant DNA to prevent the unauthorized production of these products by third parties using 3D printing technology. Similarly, another foreign-based company explained that by placing a chemically treated fingerprint component under the surface of the product, it can prevent original products from being counterfeited using 3D printing technology.
Although it can be said that right holders tend to take various measures to prevent third parties from using 3D printing technology in a way that infringes their intellectual property rights, it is not possible for every right holder to actively take these measures, as these measures usually require sophisticated engineering work and investment. On the other hand, the widespread use of 3D printing technology, which brings with it a less costly, more practical and more compact production method, paves the way for malicious attempts by third parties. Moreover, in the face of the high acceleration of 3D printing technology, it is inevitable that the measures developed by right holders with high costs and diligent efforts will become ineffective at some point.
Therefore, it can be expected that the threats and acts of infringement of intellectual property rights through the use of 3D printing technology will be an ongoing phenomenon in our lives. In our law, there is no specific regulation that envisages the infringement of intellectual property rights through the use of 3D printing technology to produce a product, invention, work or form that is protected by a patent, utility model, copyright or design right. Currently, if intellectual property rights are infringed by using 3D printing technology, the regulations set forth in the Industrial Property Law No. 6769 (“IPL”) and the Law on Intellectual and Artistic Works No. 5846 (“FSEK”) will be applicable.
Although the general regulations in the IP Law and the IPL will be applicable to acts of infringement of intellectual property rights through the use of 3D printing technology, taking action against infringement may bring along certain difficulties. In this context, the first and most important difficulty that right holders may face is identifying the person/organization that infringes intellectual property rights by using 3D printing technology.
If the infringing party is a relatively large manufacturer or a company with a legal personality, it will be easier for the right holder to identify the relevant party and take legal action. However, as 3D printing technology has become less costly, more practical and compact models of 3D printers have made it more accessible to individuals for domestic use.
Therefore, it may become very difficult to determine the identity of the infringer, especially if the infringer is a real person or merchant with a 3D printer purchased for domestic use. In this case, determining the identity of the infringer may be very costly and will require time and effort. Moreover, given that the number of real persons who make products using 3D printing technology is increasing day by day, it will not be practically possible for the right holder to identify and track down each infringer.
This difficulty, which is very likely to be encountered by right holders in identifying persons/organizations that produce in a way that constitutes infringement of their intellectual property rights, brings with it another legal problem. If the infringing person/organization cannot be identified, it is also controversial whether the right holders can take legal action against third parties who contribute to the infringement, although they cannot commit the infringement themselves. For example, if a product belonging to a patent right holder is produced by a third party using 3D printing technology, the manufacturers of the printer and the suppliers of 3D printing cartridges — even though they do not directly take part in the creation of the product that constitutes infringement of the patent right — indirectly participate in the act that constitutes infringement of the patent right. Although the basis of liability may differ according to the characteristics of the case, in general, it cannot be said that the manufacturers of the printers and cartridges used in the creation of the product that constitutes infringement of the patent right will incur legal liability solely on the grounds that the devices they developed have been used by third parties in production that constitutes infringement of the patent right. In fact, these manufacturers are more likely to be held free from liability before the courts on the grounds that the devices they produce are technical and basic devices that serve a lawful interest and purpose. Therefore, it will not be possible for the relevant right holder to successfully take legal action against the parties who indirectly contribute to the infringing act, except in circumstances that may be specific to the case.
The development and prevalence of 3D printing technology has accelerated in light of current developments, but when it comes to infringements of intellectual property rights arising from the use of this technology, it is still considerably difficult for right holders to benefit from effective legal protection.
Conclusion
3D printing technology is developing day by day and has become an indispensable tool for more practical, quick and cost-effective production. Addressing the relationship between 3D printing technology and intellectual property rights is important to better delineate the limits of possible legal actions that the right holder may take in the event that third parties produce materials subject to intellectual property rights using this technology.
To summarize, while there are some strategic moves that intellectual property right holders can take to strengthen their position in the face of infringement threats in the age of 3D printing technology, the legal effectiveness of these strategic moves will inevitably require either new rules or different interpretations of existing rules.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
