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Overview of the Industrial Internet Technology and Business --The Industrial Internet and Intellectual Property Law --The Industrial Internet and Data Protection --The Industrial Internet and Competition Law --The Industrial Internet and Contract Law.
In: Rosa Maria Ballardini, Marcus Norrgård, Timo Minssen, Enforcing patents in the era of 3D printing, Journal of Intellectual Property Law & Practice, Volume 10, Issue 11, November 2015, Pages 850–866, https://doi.org/10.1093/jiplp/jpv152
SSRN
In: IIC - International Review of Intellectual Property and Competition Law, Band 53, Heft 8, S. 1149-1173
ISSN: 2195-0237
AbstractThe COVID-19 pandemic has exponentially accelerated the use of 3D printing (3DP) technologies in healthcare. Surprisingly, though, we have seen hardly any public intellectual property right (IPR) disputes concerning the 3D-printed medical equipment produced to cope with this crisis. Yet it can be assumed that a great variety of IPRs could potentially have been enforced against the use of various items of equipment printed out without express consent from IP holders. Many reasons might have motivated IP owners not to enforce their rights during the pandemic, such as the fear of acquiring a bad reputation during a declared situation of national emergency. There is no internationally recognised general exception to IPR enforcement for health emergencies, while several − sometimes ineffective − tools, like compulsory licensing, voluntary licensing arrangements and potential TRIPS waivers, have been considered or used to facilitate access to and the distribution of innovations in critical situations. During the COVID-19 emergency, this has meant that the 3DP community has been operating in a state of relative uncertainty including with regard to the risks of IP infringement. This study contextualises these issues for pandemic-relevant 3DP. Building upon experience gathered during the COVID-19 pandemic, we look to the future to see what novel mechanisms within the IPR system could provide the additional flexibility required for dealing more smoothly, with the help and support of digital technologies, with situations such as global health emergencies.