BETA


2017/2007(INI) Three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI BERGERON Joëlle (icon: EFDD EFDD) DE GRANDES PASCUAL Luis (icon: PPE PPE), DELVAUX Mady (icon: S&D S&D), USPASKICH Viktor (icon: ALDE ALDE), ANDERSSON Max (icon: Verts/ALE Verts/ALE), BOUTONNET Marie-Christine (icon: ENF ENF)
Committee Opinion IMCO
Lead committee dossier:
Legal Basis:
RoP 54

Events

2018/11/16
   EC - Commission response to text adopted in plenary
Documents
2018/07/03
   EP - Results of vote in Parliament
2018/07/03
   EP - Decision by Parliament
Details

The European Parliament adopted, by 631 votes to 27, with 19 abstentions, a resolution on three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability.

Towards new legal standards : Members recalled that 3D printing is considered one of the most advanced technologies where Europe can play a leading role. The Commission has identified 3D printing as a priority area for action with strong economic potential, in particular for innovative small businesses. It recognized the benefits of 3D printing by sponsoring 21 projects based on this technology between 2014 and 2016 through the Horizon 2020 initiative.

Most of today’s high-tech industries use this technology, and expectations are high in many areas, e.g. the medical (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, household electrical appliance, building, architecture, mechanical engineering, and leisure and design sectors.

However, 3D-printing technology might raise some specific legal and ethical concerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and even geographical indications, and civil liability.

In order to anticipate problems relating to civil liability or intellectual property infringement that 3D printing might cause in the future, the EU might have to adopt new legislation and tailor existing laws to the specific case of 3D technology. In any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing.

Intellectual property : Parliament noted that legal experts are of the view that 3D printing has not fundamentally altered intellectual property rights, but files created may be considered a work. If that is the case, the work must be protected as such . In the short and medium term, and with a view to tackling counterfeiting, the main challenge will be to involve professional copyright intermediaries more closely.

Civil liability : Members pointed out that new technologies are able to scan objects or people and generate digital files which can subsequently be printed in 3D which can affect image rights and the right to privacy. 3D-printing technology may also raise security and especially cyber-security concerns , particularly with regard to the manufacturing of weapons, explosives and drugs and any other hazardous objects. Particular care should be taken with regard to production of that kind.

At EU level, Directive 85/374/EEC on liability for defective products covers all contracts. Members noted that it is progress in 3D printing among other things that has led the Commission to undertake a public consultation with the aim of assessing whether this directive is fit for purpose in relation to new technological developments. In addition, general liability rules also cover the liability of intermediary service providers.

Members considered that a specific liability regime should be envisaged for damage caused by an object created using 3D-printing technology, as the number of stakeholders involved and the complex process used to create the finished product often make it difficult for the victim to identify the person responsible.

The Commission is called on to:

carefully consider the civil liability issues related to 3D-printing technology, including when it assesses the functioning of Council Directive 85/374/EEC on liability for defective products; explore the possibility of setting up a civil liability regime for damages not covered by Directive 85/374/EEC; clearly define the various responsibilities by identifying the parties involved in making a 3D object: software designer and supplier, 3D printer manufacturer, raw materials supplier, object printer and all others involved in making the object.

Lastly, with respect to any new legislation, Members stated that innovation should be promoted and accompanied by law, without the law acting as a brake or a constraint.

Documents
2018/07/03
   EP - End of procedure in Parliament
2018/07/02
   EP - Debate in Parliament
2018/06/26
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the own-initiative report by Joëlle BERGERON (EFDD, FR) on three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability.

Members noted that 3D printing is viewed as one of the most prominent technologies, with regard to which Europe can play a leading role. The EU has made 3D printing one of its priority areas of technology . The Commission referred to it, in its recent reflection paper on harnessing globalisation), as one of the main factors in bringing about industrial transformation.

The committee recalled that most of today’s high-tech industries use this technology, and expectations are high in many areas, e.g. the medical (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, household electrical appliance, building, architecture, mechanical engineering, and leisure and design sectors.

It pointed out that 3D-printing technology might raise some specific legal and ethical concerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and even geographical indications, and civil liability. Members stressed that, to anticipate problems relating to civil liability or intellectual property infringement that 3D printing might cause in the future, the EU might have to adopt new legislation and tailor existing laws to the specific case of 3D technology. In any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing.

Intellectual property : the report noted that legal experts are of the view that 3D printing has not fundamentally altered intellectual property rights, but files created may be considered a work . If that is the case, the work must be protected as such. In the short and medium term, and with a view to tackling counterfeiting, the main challenge will be to involve professional copyright intermediaries more closely.

Civil liability : the report pointed out in general, civil liability is a matter that is not harmonised and is subject to national legislation. At EU level, Directive 85/374/EEC on liability for defective products covers all contracts. Members felt that it should be noted that it is progress in 3D printing among other things that has led the Commission to undertake a public consultation with the aim of assessing whether this Directive is fit for purpose in relation to new technological developments.

General liability rules also cover the liability of intermediary service providers. Members considered that a specific liability regime should be envisaged for damage caused by an object created using 3D-printing technology, as the number of stakeholders involved and the complex process used to create the finished product often make it difficult for the victim to identify the person responsible. The liability could lie with the creator or vendor of the 3D file, or the producer of the 3D printer, the producer of the software used in the 3D printer, the supplier of the materials used or even the person who created the object, depending on the cause of the defect discovered.

Members called on the Commission to:

carefully consider the civil liability issues related to 3D-printing technology, including when it assesses the functioning of Council Directive 85/374/EEC on liability for defective products; explore the possibility of setting up a civil liability regime for damages not covered by Directive 85/374/EEC; clearly define the various responsibilities by identifying the parties involved in making a 3D object: software designer and supplier, 3D printer manufacturer, raw materials supplier, object printer and all others involved in making the object.

Lastly, with respect to any new legislation, Members stated that innovation should be promoted and accompanied by law, without the law acting as a brake or a constraint.

Documents
2018/06/20
   EP - Vote in committee
2018/04/18
   EP - Amendments tabled in committee
Documents
2018/03/01
   EP - Amendments tabled in committee
Documents
2018/02/22
   EP - Committee draft report
Documents
2017/02/16
   EP - Committee referral announced in Parliament
2017/01/12
   EP - BERGERON Joëlle (EFDD) appointed as rapporteur in JURI

Documents

Votes

A8-0223/2018 - Joëlle Bergeron - vote unique 03/07/2018 12:43:20.000 #

2018/07/03 Outcome: +: 631, -: 27, 0: 19
DE FR IT ES PL RO GB BE HU CZ PT BG EL AT NL FI SK SE HR IE DK LT SI LU LV EE MT CY ??
Total
91
66
63
46
46
30
62
21
18
19
20
16
20
16
23
13
12
13
11
10
13
9
8
6
6
6
5
6
1
icon: PPE PPE
197

United Kingdom PPE

2

Sweden PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
173

Czechia S&D

3

Netherlands S&D

3

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Cyprus S&D

2
icon: ALDE ALDE
64

Romania ALDE

2

United Kingdom ALDE

1

Portugal ALDE

1

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3
icon: ECR ECR
66

Italy ECR

For (1)

1

Romania ECR

2

Czechia ECR

2

Bulgaria ECR

2

Greece ECR

For (1)

1

Netherlands ECR

For (1)

1
2

Croatia ECR

For (1)

1

Lithuania ECR

Abstain (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
44

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Sweden Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
42

France GUE/NGL

For (1)

2

Italy GUE/NGL

2

United Kingdom GUE/NGL

1

Czechia GUE/NGL

2

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: ENF ENF
32

Germany ENF

Against (1)

1

Poland ENF

Against (1)

1

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: NI NI
20

Germany NI

Against (1)

3

France NI

For (1)

1

United Kingdom NI

For (1)

Abstain (1)

4

Hungary NI

2

Denmark NI

1

NI

For (1)

1
icon: EFDD EFDD
38

Germany EFDD

Abstain (1)

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
AmendmentsDossier
160 2017/2007(INI)
2018/03/01 JURI 149 amendments...
source: 619.044
2018/04/18 JURI 11 amendments...
source: 620.922

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2018-06-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP shadows: group: EPP name: DE GRANDES PASCUAL Luis group: S&D name: DELVAUX Mady group: ALDE name: USPASKICH Viktor group: GUE/NGL name: MAŠTÁLKA Jiří group: Verts/ALE name: ANDERSSON Max group: ENF name: BOUTONNET Marie-Christine responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EFD name: BERGERON Joëlle
  • date: 2018-06-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0223&language=EN type: Committee report tabled for plenary, single reading title: A8-0223/2018 body: EP type: Committee report tabled for plenary, single reading
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  • date: 2018-11-16T00:00:00 docs: url: /oeil/spdoc.do?i=31340&j=0&l=en title: SP(2018)628 type: Commission response to text adopted in plenary
events
  • date: 2017-02-16T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-06-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-06-26T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0223&language=EN title: A8-0223/2018 summary: The Committee on Legal Affairs adopted the own-initiative report by Joëlle BERGERON (EFDD, FR) on three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability. Members noted that 3D printing is viewed as one of the most prominent technologies, with regard to which Europe can play a leading role. The EU has made 3D printing one of its priority areas of technology . The Commission referred to it, in its recent reflection paper on harnessing globalisation), as one of the main factors in bringing about industrial transformation. The committee recalled that most of today’s high-tech industries use this technology, and expectations are high in many areas, e.g. the medical (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, household electrical appliance, building, architecture, mechanical engineering, and leisure and design sectors. It pointed out that 3D-printing technology might raise some specific legal and ethical concerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and even geographical indications, and civil liability. Members stressed that, to anticipate problems relating to civil liability or intellectual property infringement that 3D printing might cause in the future, the EU might have to adopt new legislation and tailor existing laws to the specific case of 3D technology. In any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing. Intellectual property : the report noted that legal experts are of the view that 3D printing has not fundamentally altered intellectual property rights, but files created may be considered a work . If that is the case, the work must be protected as such. In the short and medium term, and with a view to tackling counterfeiting, the main challenge will be to involve professional copyright intermediaries more closely. Civil liability : the report pointed out in general, civil liability is a matter that is not harmonised and is subject to national legislation. At EU level, Directive 85/374/EEC on liability for defective products covers all contracts. Members felt that it should be noted that it is progress in 3D printing among other things that has led the Commission to undertake a public consultation with the aim of assessing whether this Directive is fit for purpose in relation to new technological developments. General liability rules also cover the liability of intermediary service providers. Members considered that a specific liability regime should be envisaged for damage caused by an object created using 3D-printing technology, as the number of stakeholders involved and the complex process used to create the finished product often make it difficult for the victim to identify the person responsible. The liability could lie with the creator or vendor of the 3D file, or the producer of the 3D printer, the producer of the software used in the 3D printer, the supplier of the materials used or even the person who created the object, depending on the cause of the defect discovered. Members called on the Commission to: carefully consider the civil liability issues related to 3D-printing technology, including when it assesses the functioning of Council Directive 85/374/EEC on liability for defective products; explore the possibility of setting up a civil liability regime for damages not covered by Directive 85/374/EEC; clearly define the various responsibilities by identifying the parties involved in making a 3D object: software designer and supplier, 3D printer manufacturer, raw materials supplier, object printer and all others involved in making the object. Lastly, with respect to any new legislation, Members stated that innovation should be promoted and accompanied by law, without the law acting as a brake or a constraint.
  • date: 2018-07-02T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20180702&type=CRE title: Debate in Parliament
  • date: 2018-07-03T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31340&l=en title: Results of vote in Parliament
  • date: 2018-07-03T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0274 title: T8-0274/2018 summary: The European Parliament adopted, by 631 votes to 27, with 19 abstentions, a resolution on three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability. Towards new legal standards : Members recalled that 3D printing is considered one of the most advanced technologies where Europe can play a leading role. The Commission has identified 3D printing as a priority area for action with strong economic potential, in particular for innovative small businesses. It recognized the benefits of 3D printing by sponsoring 21 projects based on this technology between 2014 and 2016 through the Horizon 2020 initiative. Most of today’s high-tech industries use this technology, and expectations are high in many areas, e.g. the medical (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, household electrical appliance, building, architecture, mechanical engineering, and leisure and design sectors. However, 3D-printing technology might raise some specific legal and ethical concerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and even geographical indications, and civil liability. In order to anticipate problems relating to civil liability or intellectual property infringement that 3D printing might cause in the future, the EU might have to adopt new legislation and tailor existing laws to the specific case of 3D technology. In any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing. Intellectual property : Parliament noted that legal experts are of the view that 3D printing has not fundamentally altered intellectual property rights, but files created may be considered a work. If that is the case, the work must be protected as such . In the short and medium term, and with a view to tackling counterfeiting, the main challenge will be to involve professional copyright intermediaries more closely. Civil liability : Members pointed out that new technologies are able to scan objects or people and generate digital files which can subsequently be printed in 3D which can affect image rights and the right to privacy. 3D-printing technology may also raise security and especially cyber-security concerns , particularly with regard to the manufacturing of weapons, explosives and drugs and any other hazardous objects. Particular care should be taken with regard to production of that kind. At EU level, Directive 85/374/EEC on liability for defective products covers all contracts. Members noted that it is progress in 3D printing among other things that has led the Commission to undertake a public consultation with the aim of assessing whether this directive is fit for purpose in relation to new technological developments. In addition, general liability rules also cover the liability of intermediary service providers. Members considered that a specific liability regime should be envisaged for damage caused by an object created using 3D-printing technology, as the number of stakeholders involved and the complex process used to create the finished product often make it difficult for the victim to identify the person responsible. The Commission is called on to: carefully consider the civil liability issues related to 3D-printing technology, including when it assesses the functioning of Council Directive 85/374/EEC on liability for defective products; explore the possibility of setting up a civil liability regime for damages not covered by Directive 85/374/EEC; clearly define the various responsibilities by identifying the parties involved in making a 3D object: software designer and supplier, 3D printer manufacturer, raw materials supplier, object printer and all others involved in making the object. Lastly, with respect to any new legislation, Members stated that innovation should be promoted and accompanied by law, without the law acting as a brake or a constraint.
  • date: 2018-07-03T00:00:00 type: End of procedure in Parliament body: EP
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/internal-market-industry-entrepreneurship-and-smes_en title: Internal Market, Industry, Entrepreneurship and SMEs commissioner: BIEŃKOWSKA Elżbieta
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/dossier_of_the_committee
Old
JURI/8/09065
New
  • JURI/8/09065
procedure/legal_basis/0
Rules of Procedure EP 54
procedure/legal_basis/0
Rules of Procedure EP 52
procedure/subject
Old
  • 3.50.08 New technologies, biotechnology
  • 3.50.15 Intellectual property, copyright
  • 4.60.06 Consumers' economic and legal interests
New
3.50.08
New technologies; biotechnology
3.50.15
Intellectual property, copyright
4.60.06
Consumers' economic and legal interests
activities/1
date
2018-06-20T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
activities/2
date
2018-06-26T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0223&language=EN type: Committee report tabled for plenary, single reading title: A8-0223/2018
body
EP
type
Committee report tabled for plenary, single reading
activities/3
date
2018-07-02T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20180702&type=CRE type: Debate in Parliament title: Debate in Parliament
body
EP
type
Debate in Parliament
activities/4
date
2018-07-03T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0274 type: Decision by Parliament, 1st reading/single reading title: T8-0274/2018
body
EP
type
Decision by Parliament, 1st reading/single reading
procedure/Modified legal basis
Rules of Procedure EP 150
procedure/legal_basis/0
Old
Rules of Procedure of the European Parliament EP 052
New
Rules of Procedure EP 52
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed
activities/0/committees/1/shadows/5
group
ENF
name
BOUTONNET Marie-Christine
committees/1/shadows/5
group
ENF
name
BOUTONNET Marie-Christine
activities/0/committees/1/shadows/1/mepref
Old
53b2de13b819f205b00000e2
New
53b2d8ddb819f205b0000049
activities/0/committees/1/shadows/1/name
Old
NEGRESCU Victor
New
DELVAUX Mady
committees/1/shadows/1/mepref
Old
53b2de13b819f205b00000e2
New
53b2d8ddb819f205b0000049
committees/1/shadows/1/name
Old
NEGRESCU Victor
New
DELVAUX Mady
other/0
body
EC
dg
commissioner
BIEŃKOWSKA Elżbieta
activities/0/committees/1/shadows/3
group
GUE/NGL
name
MAŠTÁLKA Jiří
activities/0/committees/1/shadows/4
group
Verts/ALE
name
ANDERSSON Max
committees/1/shadows/3
group
GUE/NGL
name
MAŠTÁLKA Jiří
committees/1/shadows/4
group
Verts/ALE
name
ANDERSSON Max
activities/0/committees/1/shadows/2
group
ALDE
name
USPASKICH Viktor
committees/1/shadows/2
group
ALDE
name
USPASKICH Viktor
activities
  • date: 2017-02-16T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO body: EP shadows: group: EPP name: DE GRANDES PASCUAL Luis group: S&D name: NEGRESCU Victor responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EFD name: BERGERON Joëlle
committees
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP shadows: group: EPP name: DE GRANDES PASCUAL Luis group: S&D name: NEGRESCU Victor responsible: True committee: JURI date: 2017-01-12T00:00:00 committee_full: Legal Affairs rapporteur: group: EFD name: BERGERON Joëlle
links
other
    procedure
    dossier_of_the_committee
    JURI/8/09065
    reference
    2017/2007(INI)
    title
    Three-dimensional printing, a challenge in the fields of intellectual property rights and civil liability
    legal_basis
    Rules of Procedure of the European Parliament EP 052
    stage_reached
    Awaiting committee decision
    subtype
    Initiative
    type
    INI - Own-initiative procedure
    subject