Page 29 - EngineerIt March 2021

OPINION

that relying on conventional forms of IP and conventional IP protection strategies may well
fall short of providing adequate basis for taking action against such non-IP rights holders.

Redefined IP strategies
When looking at the broadest form of IP protection available for technological inventions, it
is noteworthy that traditionally, patents for device-related inventions would be drafted with
the traditional manufacturing and assembly methods in mind.
However, with 3D printing on the rise it would be necessary, and in fact essential, to
consider modifying this approach to cover, expressly, the new ways of manufacturing
products and/or assembling components which may have been additively manufactured.
Fortunately, there are several patent-claims-drafting strategies that are taking shape in
the world’s most prominent patent offices, that may be useful to IP rights holders.
In addition, there are other IP rights, such as design, copyright and trademarks, that
should be considered for the purposes of preventing the dissemination of digital files of a
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product online, and/or the illegal manufacturing of IP protected products using 3D printers.
The South African Electronic Communications and Transactions Act could also, in
It goes without saying that the use some instances, be used to hold an internet service provider liable for copyright and/or
of such enabling technologies can not patent infringement for allowing illegally obtained digital files of a product in which IP rights
only aid non-IP rights holders to create subsist, to be shared and sold on their platforms.
digital files of IP protected articles for their
own use, but could in fact support the Reinvention of the wheel
establishment of an entirely new market As much as 3D printing appears to be the new disruptive technology on the block, there
for trading in such digital files. is really no need to reinvent the wheel, as existing IP laws are well-equipped to address
While one would wish immediately to the changes and challenges that 3D printing technology brings, provided that their
classify such a market as illegitimate with implementation moves with the times. n
reference to the counterfeit goods market,
a more thorough view would reveal that Contact Thapelo Montong to find out more about IP strategy and laws as they apply to
the matter is not that straightforward and 3D printing.