Adjacent Property Rights? Post-sale Confusion and Property Rights in 3D Printing

38 Pages Posted: 31 Dec 2019 Last revised: 16 Jun 2020

See all articles by P. Sean Morris

P. Sean Morris

University of Helsinki - Faculty of Law

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

Morris, P. Sean, Adjacent Property Rights? Post-sale Confusion and Property Rights in 3D Printing (November 5, 2017). 30 Albany Law Journal of Science and Technology 36 - 73 (2020), Available at SSRN: https://ssrn.com/abstract=3502103

P. Sean Morris (Contact Author)

University of Helsinki - Faculty of Law ( email )

Porthania 5th Floor
P.O. Box 4
Helsinki, FIN-0001 4
Finland

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