Turkey: Anyone Can Now Become A Designer, An Inventor With 3D Printing!!!!

Last Updated: 13 May 2015
Article by Seda Üngür

Three dimensional printing (3D PRINTING), a recent very popular system, is the creation process of a three dimensional object by printing any virtually designed shape into a solid form. The devices making this process possible are called three dimensional printers. This three dimensional printing system has been reached via a community Project named RepRap (Replicating Rapid Prototyper)1

Printing can be processed by using a variety of raw materials such as multi or mono coloured plastic, metal, ceramic, and beeswax. The operation principle of the most widely used three dimensional printers is based on the virtual division of a three dimensional object that is prepared in computer environment into layers and each layer is printed on top of each other by pouring the melted raw material.

Many product designs such as clothing, accessories, a large variety of household and kitchen goods, tools and materials to be used in many different areas, games and toys, statuettes, medical organ models, weapons, mechanical devices, musical instruments, etc. can be printed with the 3D printer system by ordinary users.

Since 3 dimensional design in computer environment requires experience, many 3D printer users download into their computers and use the designs prepared by others via file-sharing platforms/websites (such as Shapeways with over 1 million product/design varieties and Thingiverse with over 150.000 designs), some of which require fees and some don't.

Even though the system, which is still not cheap and easy to use, has been popularized among average users today, the system is yet expected to develop further and be subject to common usage. It will only then be possible for many users to create original designs both for personal use and commercial use and to reach distinctive methods/solutions. Furthermore, the system will enable children to design the toys they dream of in the computer environment and produce them by means of 3D printers and even to expand their imagination by overtaking clichés.

However, allowing products, which may pose danger for society, such as weapons, use of which is subject to license/permit/control, to be 3D designed, printed and used without being identified by a metal detector, constitute the most criticized and unsafe side of this system. This is why Senator Chuck Schumer of the USA has called for a draft law to be introduced for the ban of the weapons, produced by 3 dimensional printing technologies. 2

On the other hand, if this system is used for the purpose of copying the existing objects, rather than for original and creative purposes, it is considered that such use will cause, and, in fact, has already started to cause big problems and infringement of rights in terms of distinctive objects, which serve a function or stand out with their visual qualities, within the framework of Intellectual Property Law, including Trademarks, Patents, Designs, Utility Models and Copyrights.

With this system, for instance, it is likely to reproduce identical copies of two or three dimensional cartoon, movie and game characters, logos, unique packaging visuals and designs, which are subject to intellectual property rights.

Or, 3D printing of popular board games designs such as Monopoly, Taboo, Settlers of Catan, by means of 3 dimensional printers will cause design and/or copyright infringement.

Lastly, if Haberman patent with the subject of "baby feeding bottle designed for babies with sucking problems" or "Crocs shoe designs" which are subject to patent protection in the US are reproduced by three dimensional printing method, this will cause infringement of patent rights, since the functional qualities, included in the patent's subject, of such objects will also be reproduced. One can further exemplify and vary similar cases.

Not everything is subject to copyright or any other intellectual property protection, not every digital object is subject to protection. Therefore, not every creation of an object by three dimensional printing method will infringe an IP right. In other words, it should first be examined whether or not the object created by three dimensional printing method is subject to protection of IP rights.

Then the usage of the object created by three dimensional printing method should be examined. At this point, defense of fair use, which is a unique concept to the Copyrights Law in the US, the country where the subject is debated the most, may be regarded as a legal tradition which draws the borderline of the IP rights. In our legislation, we have regulations parallel to this tradition. For example, according to Article 30 et seq. and 80 of the Law on Intellectual Property and Artistic Works, "personal use and reproduction without any profit motive; use and reproduction for the purposes of public order, educational and instructional, scientific studies, news or information purposes" do not constitute an infringement of rights.

Except for the use within the meaning of "fair use"; it is likely that the design and production, display, sale, share via the internet or promotion of the products created by 3D printing system, subject to third parties access, may be detrimental to and constitute infringement of the IP rights protected by laws.

Tod Blatt has recently made an identical copy of a cube design which was used as part of the space ship used in the motion picture named "SUPER 8" and uploaded its 3D design to Shapeways, a 3D printing file-sharing site. Soon after that, upon a cease and desist letter received by the Paramount Pictures, which is the copyright owner of the motion picture and all designs and characters in the film, Tod Blatt removed this sharing from the site. This is because, on the basis of a license agreement granted by Paramount pictures to another firm, products containing this special cube design will soon be put into market by the licensee firm3.

Similar cases may apply to decorative objects used in many science fiction films such as the time machine design in the Back to the Future series; energy weapon in Star Trek movie or laser gun/sword in Star Wars movie.

With the 3D printing method becoming more easily accessible, more widespread and cheaper, it will be very likely that provisions of the Law on Intellectual and Artistic Works No. 5846, the Decree Law No. 556 Pertaining to the Protection of Trademarks, The Decree Law No. 554 Pertaining to the Protection of Industrial Designs and the Decree Law No 551 Pertaining to the Protection of Patent Rights and Utility Model Rights will be infringed and yet we will soon see how provisions corresponding to "fair use" notion in the US Copyright laws will be implemented in our legal system and in what direction courts will rule.



2 http://www.theguardian.com/technology/2013/nov/17/3d-printing-guns-ban-senate

3 http://torrentfreak.com/paramount-cease-and-desist-targets-3d-printer-pirate-110628/

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Seda Üngür
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

    By clicking Register you state you have read and agree to our Terms and Conditions