Additive manufacturing (“AM”) offers the power to design and create in new ways but also brings challenges in intellectual property protection and unauthorized copying, along with potential liability issues. One growing problem is counterfeiting, which is recognized as part of a worldwide industry estimated at over $1 trillion. “There are two basic paths to creating counterfeits with 3D printing.” First, the print instructions, in the form of a software design file, can be stolen, shared, or mocked up. Alternatively, an existing object “(including a genuine branded or licensed product)” can be 3D scanned to create a design file to print a copy. “Hybrids of the two paths also exist, for example, a 3D scan version that is then altered in one or more characteristics.”
Legal Issues in IP Protection for Additive Manufacturing