1. How to enforce your IP rights?
3D printing and fashion
How to enforce your IP rights?
UIA – October 2016

2. 3D printing and Fashion Which threats?
According to the French Higher Council for Literary and Artistic Property in its report about 3D printing published in June 2016, it appears that :
In the short-term: the risk of mass counterfeiting is limited.
In the medium-term: the risk should come mainly from professional intermediaries.
In the long-term: vigilance is required since 3D printing technology will clearly allow individuals to make, at reasonable costs, good quality reproductions of works protected by IP rights without authorization.

3. 3D printing and Fashion
How to fight these threats? 3 approaches
I. How to prevent your IP rights’ infringement?
II. How to defend your IP rights?
III. Which remedies against 3D infringement?

4. How to prevent your IP rights’ infringement
Identifying the roles of the different actors in the 3D printing process between
Direct infringers are those who: - Create CAD files - Download a CAD file, - Put on line on a platform CAD file sharing or download sites for example - French Print the 3D object - Sell counterfeit print 3D objects.
Indirect potential infringers are professional intermediaries (Fablabs, 3DHubs, Thinfiverse, Sketchup…): over 65 intermediate 3D printing services (

5. How to prevent your IP rights’ infringement
toward private users
Raise national awareness campaigns about the protection of IP rights and the risk of infringement i.e.Unifab or Comité Colbert in France
toward professionals of 3D printing
- Enter into “collective agreements” in order to include specific provisions about the respect of third’ IP rights in their sales terms
- Increase public cooperation through national but also regional and transnational cooperation

6. II. How to defend your IP rights?
To engage the liability of directs infringers:
CAD file creators’ responsibility
Liability of Internet users who published CAD files
Liability of Internet users who downloaded CAD files
Liability of sellers of protected 3D printed objects
To engage the liability of indirect infringers:
CAD and P2P software publisher’s liability
CAD webhost provider’s liability: CJUE 23 March 2010
Hyperlink to CAD files provider’s liability
Liability of manufacturers and sellers of 3D printing & 3D scanner
3D printing service provider’s liability

7. II. How to defend your IP rights?
Exceptions of no liability under French law :
Which exceptions in Trademark law?
Which exceptions in Copyright law?
Which exceptions in Design law?
Which exceptions in Patent law?
To obtain proof of IR rights infringement
- Bailiff report
- Expertise
- Counterfeiting seizure

8. III. Which remedies against 3D infringements
To clarify and reinforce 3D professionals’ liability
Duty of loyalty for professionals to the benefit of consumers
A «good conduct» charter for Fablabs?
Enforce the liability of CAD web host providers?
Create a legal offer ?

9. III. Which remedies against 3D infringements
Implement technical protection measures in all 3D printing and scanning devices
Example: thumbprint (digital fingerprinting) which will imply a better cooperation between laboratories and groups of technical standardization and manufacturers of 3D printers
Encourage partnerships among all actors of 3D printing industry

10. THANK YOU FOR YOUR ATTENTION
Corinne Khayat