3D Printing and Beyond
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3D Printing and Beyond

Intellectual Property and Regulation

Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer

This ground-breaking and timely contribution is the first and most comprehensive edited collection to address the implications for Intellectual Property (IP) law in the context of 3D Printing and Additive Manufacturing. Providing a coverage of IP law in three main jurisdictions including the UK, USA and Australia. 3D Printing and Beyond brings together a team of distinguished IP experts and is an indispensable starting point for researchers with an interest in IP, emerging technologies and 3D printing.
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Chapter 6: Transformative technologies and responsive legal scholarship

Roger Brownsword

Abstract

This chapter highlights three complex problems with which responsive legal scholarship must engage. First, modern communities typically expect regulators to find a sweet spot, neither over-regulating (and stifling innovation) nor under-regulating (such that technologies are applied in ways that present unacceptable risks or compromise fundamental values). Secondly, where communities are divided in their judgments as to what is prudent and what is ethically right, this pluralism further complicates the task of finding an acceptable balance of interests and meeting expectations. Thirdly, with the option of a more technocratic approach to regulation, relying on technological management rather than rules or standards, there are now questions not only about the acceptability of the particular tools used, but also about the application of the rule of law and the future of rules. The chapter concludes by listing a number of action points for responsive legal scholarship.

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