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.

Footnotes

1http://reprap.org/wiki/RepRap/tr

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.

Authors
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”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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