Intellectual Property and Regulation
Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer
Chapter 14: Trade mark controversies in 3D printing: an Australian perspective
This chapter explores the legal issues that may arise as a result of 3D printing, with a specific focus on the application of trade mark law and its ancillary protection in Australia. The normative legal questions that will be raised in the process will also be canvassed. In doing so, this chapter aims to draw attention to some of the most obvious controversies for 3D print and trade mark law, not all of which are new, as 3D print technology will likely give rise to modern manifestations of familiar trade mark controversies. As this chapter will show, there are many parallels between the foreshadowed trade mark controversies that 3D printing may give rise to and other modern ‘crises’ in intellectual property law which have emerged out of the use and application of new technologies – crises which have manifested as a power struggle between owners and users more generally.
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