SPECIAL TOPIC REPORT Recognized APAA Group of the PHILIPPINES Report to the Emerging IP Rights Committee 63rd Council Meeting in Penang, Malaysia Issues on 3D Printing Technology By: Maria Trinidad “Leny” P. Villareal, Esq. APAA Philippine Group Emerging IP Rights Committee Intellectual Property Rights 1. Is the 3D data created by the 3D scanner or CAD program considered as an invention under (Philippine) patent law? No. A patentable invention as defined under applicable Philippine laws refers to any “technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable, shall be patentable. The 3D data do not fall under what are considered as patentable inventions. 2. Does the one who produces 3D data possess an exclusive patent right protected under relevant (Philippine) laws including patent laws? No, for the reasons already stated in our reply to query no. 1. 3. How about copyright? Does (the producer of 3D data) have copyright (over said) 3D data? No. Section 172 of the Philippine IP Code confers copyright upon literary and artistic works that are original creations in the literary and artistic domain. 3D data may not be considered as original creations in the literary and artistic domain. 4. What if the 3D data is generated by objects which belong to (the producer of 3D data)? It does not matter. The 3D data will still not be considered as either an invention or a copyrightable subject matter, for the reasons already presented above. Infringement of a Patent 5. Is it considered as an infringement (of) the patent rights to transfer the 3D data of a patented object? As already stated above, 3D data are not considered as patentable inventions. On the assumption, however, that 3D data are patentable inventions, the transfer of 3D data of a patented object may be considered as a form of infringement if such transfer was unauthorized by the patentee. 6. Is it considered as an infringement (of) the patent rights to manufacture the products using 3D data, (or) is the action a kind of implementation under (Philippine) patent law? No, since as already stated above, 3D data are not considered as patentable inventions. 7. Can (we) evaluate an action to repair or replace parts of a patented object for business as an infringement (of) the patent rights (the parts are structurally different from the original components)? Sub-section 71.1 (a) of the Philippine IP Code provides that where the subject matter of a patent is a product, a patent confers on its owner the exclusive rights of restraining, prohibiting and preventing any unauthorized person or entity from making, using, offering for sale, selling or importing that product. Hence, it may argued that if the repair or replacement of parts of a patented objected is for business purposes, i.e., offering for sale or selling the repaired patented project containing replaced parts, this may be considered as an infringement of patent rights. Infringement of Trademark Rights or Design Rights 8. Is it considered as an infringement on a just right to generate the 3D data of somebody else's trademark or design? Yes for registered trademarks if the 3D data is (a) used in commerce in connection with the sale, offering for sale, distribution, advertising, of any goods or services, as said data may be considered as a reproduction, copy or colorable imitation of a registered mark or a dominant portion of said mark; or (b) reproduced, copied or colorably imitated a registered mark or a dominant portion of said mark, and such reproduction, copy or colorable imitation are applied to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive. (Section 155, Philippine IP Code) Yes also for industrial designs based on sub-section 71.1 as cited above in reply to query no. 6. 9. Is it considered as an infringement (of) a just right to transfer the 3D data of somebody else's trademark or design? Yes if such transfer is for the acts cited in our reply to query no. 7. Awareness of 3D Printing Technology and Legal Issues 10. Is the general public (in the Philippines) aware of the 3D printing technology? Yes, the Philippine general publicare well aware of 3D printing technology. 11. Are (Philippine) IP practitioners knowledgeable of the 3D printing technology and relevant legal issues? Yes, Philippine IP practitioners are somewhat knowledgeable about the 3D printing technology. 12. Is there any plan or policy of the government or any suggestion (from) professional organizations or any other parties to enact legislation to recognize, protect or control 3D printing? None that we are aware of at this time. Apaa 2014 Special Topic Report-EIPRC