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Berger, Tyrone --- "‘Substantial similarity’ under Australian design law: application to 3D printing" [2019] ELECD 266; in Mendis, Dinusha; Lemley, Mark; Rimmer, Matthew (eds), "3D Printing and Beyond" (Edward Elgar Publishing, 2019) 294

Book Title: 3D Printing and Beyond

Editor(s): Mendis, Dinusha; Lemley, Mark; Rimmer, Matthew

Publisher: Edward Elgar Publishing

ISBN: 9781786434043

Section: Chapter 13

Section Title: ‘Substantial similarity’ under Australian design law: application to 3D printing

Author(s): Berger, Tyrone

Number of pages: 14

Abstract/Description:

A defining characteristic of 3D printing technologies (or ‘additive manufacturing’) is its potential to disrupt many areas of law. This has led to speculation that the potential impact of 3D printing on design-led innovation could mirror the disruption to music and film industries from illegal downloads. This chapter seeks to extend on the recent work of others in Australia. It attempts to fill a previous gap in the literature relating to 3D printing and design infringement. Accordingly, the main focus of this chapter is directed at evaluating the current infringement provisions, and their application to 3D printing technologies. Presently, the remedies for preventing the unauthorised use of registered designs via 3D printing remain limited in the Australian context. Taking a targeted approach to this subject will hopefully open up debate on the potential difficulties facing designers when defending their design rights.