Adjacent Property Rights? Post-sale Confusion and Property Rights in 3D Printing
38 Pages Posted: 31 Dec 2019 Last revised: 16 Jun 2020
Date Written: November 5, 2017
Abstract
In this article I argue that in the light of various infringement activities of trademark rights perpetuated by three-dimensional (3D) printing there is the need for flexibility in enforcing intellectual property laws and propose the need for a new category of property rights. This new category of property rights which I describe as adjacent property rights applies to 3D printed goods that give rise to post-sale confusion under trademark legal doctrine. I frame the discussion against property rights doctrine and develop the necessity of the adjacent property rights theory from a utilitarian perspective. This in light of the fact that 3D printing forms part of the creative and innovative process of society. In this regard, the strict enforcement of intellectual property rules to combat the expansion of 3D printing for commercial purposes only weakens consumer welfare and lessen the economic development of society that relies on innovation for development.
Keywords: 3D Printing; Post-Sale Confusion; Property Rights; adjacent property rights
JEL Classification: K11, O31
Suggested Citation: Suggested Citation