Securing innovation in digital manufacturing supply chains : an interdisciplinary perspective on intellectual property, technological protection measures and 3D printing/additive manufacturing

Adu-Amankwa, Kwaku and Daly, Angela (2023) Securing innovation in digital manufacturing supply chains : an interdisciplinary perspective on intellectual property, technological protection measures and 3D printing/additive manufacturing. Journal of Intellectual Property Law and Practice, 18 (8). pp. 587-602. ISSN 1747-1532 (https://doi.org/10.1093/jiplp/jpad062)

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Abstract

Digital supply chains (DSCs) provide several advantages over traditional physical supply chains, yet they also pose new risks, including for IP, especially when associated with three-dimensional ‘3D’ printing (3DP), also known as additive manufacturing (AM). Technological protection measure (TPM) usage in DSCs may help address the IP security issues of 3DP or AM but may result in overprotection and disregard for IP exceptions, which may also have a negative impact on innovation and other goals such as sustainability. This article considers how the IP security of 3DP/AM is addressed in DSCs, including by applying TPMs. We discuss whether the current approaches strike the right balance between the competing interests of different DSC actors. We also present some novel findings from a survey conducted with expert stakeholders to better understand IP security issues in practice. Our findings show that most respondents see IP and IP security efforts as both barriers and enablers to using 3DP/AM within DSCs. Also, the strategy chosen by most respondents for securing IP focuses on a technical approach, using inter alia TPMs. We infer that this dual perspective on IP and IP security may reflect the respondents’ differing relationship with IP in DSCs, where one may wish to create, use and secure their own IP but also encounter barriers through the inaccessibility of the IP of third parties.

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