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Three dimensions of patent infringement: liability for creation and distribtion of CAD files


Liddicoat, J and Nielsen, J and Nicol, D, Three dimensions of patent infringement: liability for creation and distribtion of CAD files, Australian Intellectual Property Journal, 26 pp. 165-178. ISSN 1038-1635 (2016) [Refereed Article]

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Copyright 2016 AIPJ

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30 printing is contributing to a global trend toward customisation, user innovation and democratisation of design and manufacture. A key element of 30 printing is that computer-aided design (CAD) hies are used to instruct printers to create physical 3D products. This article explores patent liability tor creators of CAD files that provide directions for the creation of potentially infringing products. This analysis compares the Australian position to that 11 the US and UK. One US commentator has suggested that 30 printing wil1 leave patentees helpless to combat widespread infringement. By examining primary and secondary infringement case law, this article finds that Australian law creates relatively clear liability for the creation and distribution of CAD files.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Intellectual property law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Nielsen, J (Associate Professor Jane Nielsen)
UTAS Author:Nicol, D (Professor Dianne Nicol)
ID Code:109770
Year Published:2016
Deposited By:Law
Deposited On:2016-06-30
Last Modified:2017-10-17

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