ClearCorrect: Intellectual Property, 3D Printing, and the Future of Trade
Gonzaga Journal of International Law, Special Edition for the Symposium on the International Economic and Technologic Divide in the 21st Century, (Forthcoming).
77 Pages Posted: 26 May 2019
Date Written: April 29, 2019
Building upon our recent publication, 3D Printing and Beyond, this paper considers the relationship between intellectual property and trade in the context of 3D printing. This work contends that 3D printing has not only disrupted the discipline of intellectual property, but it has also provided profound challenges for the regulation of trade and globalisation. Part 1 provides a case study of the patent dispute between ClearCorrect and Align Technology as a case study. The ruling of the Court of Appeals for the Federal Circuit will have larger ramifications in respect of the jurisdiction of the International Trade Commission in respect of the digital economy. It considers subsequent patent disputes between the parties before the United States Patent and Trademark Office. Part 2 considers how 3D printing will be affected by the international trade dispute between the United States and China over intellectual property, innovation policy, and advanced manufacturing. It examines whether 3D printing will reverse the pattern of offshoring of manufacturing in the United States. It notes the collateral impact of tariffs upon 3D printing. It also considers the adoption of 3D printing in China, and the issues that may raise in terms of intellectual property ownership, intellectual property infringement, and intellectual property licensing. Part 3 considers larger contextual issues raised by the World Trade Organization, the World Intellectual Property, the OECD, and the World Economic Forum in respect of intellectual property, trade, and 3D printing. It examines some of the different scenarios in relation to the impact of 3D printing on the future of trade.
Keywords: Intellectual Property, International Trade, Globalisation, Patent Law, Trademark Law, Copyright Law, World Trade Organization, World Intellectual Property Organization, OECD, World Economic Forum, 3D Printing, Additive Manufacturing, Bioprinting
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