Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | BERGERON Joëlle ( EFDD) | DE GRANDES PASCUAL Luis ( PPE), DELVAUX Mady ( S&D), USPASKICH Viktor ( ALDE), ANDERSSON Max ( Verts/ALE), BOUTONNET Marie-Christine ( ENF) |
Committee Opinion | IMCO |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
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.
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
- Commission response to text adopted in plenary: SP(2018)628
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0274/2018
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A8-0223/2018
- Amendments tabled in committee: PE620.922
- Amendments tabled in committee: PE619.044
- Committee draft report: PE618.019
- Committee draft report: PE618.019
- Amendments tabled in committee: PE619.044
- Amendments tabled in committee: PE620.922
- Commission response to text adopted in plenary: SP(2018)628
Activities
- Miguel ARIAS CAÑETE
Plenary Speeches (1)
- Joëlle BERGERON
Plenary Speeches (1)
- Marie-Christine BOUTONNET
Plenary Speeches (1)
- Lidia Joanna GERINGER DE OEDENBERG
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Alex MAYER
Plenary Speeches (1)
Votes
A8-0223/2018 - Joëlle Bergeron - vote unique 03/07/2018 12:43:20.000 #
Amendments | Dossier |
160 |
2017/2007(INI)
2018/03/01
JURI
149 amendments...
Amendment 1 #
Motion for a resolution Citation 1 a (new) - having regard to Directive 2004/48/EC on the enforcement of intellectual property rights,
Amendment 10 #
Motion for a resolution Recital A A. whereas three-dimensional (3D) printing
Amendment 100 #
Motion for a resolution Paragraph 1 1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement, the EU will have to adopt new legislation or tailor existing laws to the specific case of 3D technology, taking into account the decisions of the European Union Intellectual Property Office (EUIPO) and the relevant case law of the EU and Member State courts; stresses that, in any case, the legislative response should avoid duplicating rules and should take into account projects that are already under way; adds that innovation needs to be accompanied by law, without the law acting as a brake or a constraint;
Amendment 101 #
Motion for a resolution Paragraph 1 1.
Amendment 102 #
Motion for a resolution Paragraph 1 1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement, the EU will have to adopt new legislation or tailor existing laws to the specific case of 3D technology; stresses that, in any case, the legislative response should avoid duplicating rules and should take into account projects that are already under way, in particular the legislation on copyright currently applicable to 2D printing; adds that innovation needs to be accompanied by law, without the law acting as a brake or a constraint;
Amendment 103 #
Motion for a resolution Paragraph 1 1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement, the EU will have to adopt new legislation or tailor existing laws to the specific case of 3D technology after having carried out a thorough impact assessment evaluating all policy options; stresses that, in any case, the legislative response should avoid duplicating existing rules and should take into account projects that are already under way;
Amendment 104 #
Motion for a resolution Paragraph 1 1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement that 3 D printing might cause in the future, the EU
Amendment 105 #
1. Stresses that to anticipate problems relating to
Amendment 106 #
Motion for a resolution Paragraph 1 1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement, the EU will have to adopt new legislation
Amendment 107 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Commission, in this process, specifically and clearly to identify what behaviour by actors on the 3-D printing market constitutes copyright infringement, as well as the elements that could lead to the production of illegal objects; considers it necessary, further, to establish which person along the whole production chain bears civil liability in the event of damage, which is also an essential aspect for insurers;
Amendment 108 #
Motion for a resolution Paragraph 2 Amendment 109 #
Motion for a resolution Paragraph 2 Amendment 11 #
Motion for a resolution Recital A A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market; whereas that market
Amendment 110 #
Motion for a resolution Paragraph 3 Amendment 111 #
Motion for a resolution Paragraph 3 3. Considers that it goes without saying that care should be taken in the 3D-
Amendment 112 #
Motion for a resolution Paragraph 3 3. Considers that it goes without saying that care should be taken in the 3D- printing sector, particularly with regard to the quality of the printed product and any dangers that the product may pose to users or consumers, and it would be appropriate to consider including identification and traceability means to make it possible to distinguish between objects produced in the traditional way and objects produced using 3D printing, as well as to facilitate observation of their further use for commercial and non-commercial purposes. Close cooperation between right holders and 3D manufacturers in developing such means would be beneficial;
Amendment 113 #
Motion for a resolution Paragraph 3 3. Considers that it goes without saying that care should be taken in the 3D- printing sector, particularly with regard to the quality of the printed product and any dangers that the product may pose to users or consumers, and it would be appropriate to consider including identification means to make it possible to distinguish between objects produced in the traditional way and objects produced using 3D printing; considers that this would help to ensure traceability of the objects created and reduce counterfeiting;
Amendment 114 #
Motion for a resolution Paragraph 3 3. Considers that it goes without saying that care should be taken in the 3D- printing sector, particularly with regard to the quality of the printed product and any dangers that the product may pose to users
Amendment 115 #
Motion for a resolution Paragraph 4 4. Notes that
Amendment 116 #
Motion for a resolution Paragraph 4 4. Notes that solutions of
Amendment 117 #
Motion for a resolution Paragraph 4 4. Notes that solutions of a legal nature could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could
Amendment 118 #
Motion for a resolution Paragraph 4 4. Notes that solutions of a legal nature if necessary could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D-
Amendment 119 #
Motion for a resolution Paragraph 4 4. Notes that solutions of a legal nature could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could systematically display a notice on the need to respect intellectual property, a legal limit could be introduced on the number of private copies of 3D objects in order to prevent illegal reproduction
Amendment 12 #
Motion for a resolution Recital A a (new) Aa. whereas 3 D printing is viewed as one of the most prominent technologies where Europe can play a leading role; whereas the European Commission recognized the benefits of 3 D printing by sponsoring 21 projects based on the technology by Horizon 2020 between 2014-2016.
Amendment 120 #
Motion for a resolution Paragraph 4 4. Notes that solutions of a legal nature could make it feasible to control the legal reproduction of 3D objects protected by copyright, for example, digital and 3D- printing providers could systematically display a notice on the need to respect intellectual property, elements could be included in the 3D files created that will make it possible to trace them, and a legal limit could be introduced on the number of private copies of 3D objects in order to prevent illegal reproduction
Amendment 121 #
Motion for a resolution Paragraph 4 4. Notes that solutions
Amendment 122 #
Motion for a resolution Paragraph 4 a (new) 4a. Emphasises that if a 3D copy constitutes a private copy, national laws governing exemptions for private copies will apply, including as regards compensation or revenue collection schemes, were they are provided for in national law;
Amendment 123 #
Motion for a resolution Paragraph 4 a (new) 4a. Points out that public awareness raising is needed in order to protect intellectual property rights in the field of three-dimensional printing, and also in relation to infringements of design, trademark and patent rights.
Amendment 124 #
Motion for a resolution Paragraph 5 Amendment 125 #
Motion for a resolution Paragraph 5 Amendment 126 #
5. Stresses, however, that technical solutions – currently underdeveloped – must not be overlooked, for example, the creation of databases of encrypted and protected files and the design of printers connected to and equipped with a system capable of managing intellectual property rights; stresses, further, that whichever of these measures are adopted, their implementation should not have any cost- related impact on the activity already being carried out by market players;
Amendment 127 #
Motion for a resolution Paragraph 5 5. Stresses, however, that technical solutions – currently underdeveloped – must not be overlooked, for example, the creation of databases of encrypted and protected files and the design of printers connected to and equipped with a system capable of managing intellectual property rights, or promoting cooperation between manufacturers and platforms to make reliable files available to professionals and consumers;
Amendment 128 #
Motion for a resolution Paragraph 5 5. Stresses, however, that technical solutions – currently underdeveloped –
Amendment 129 #
Motion for a resolution Paragraph 5 5. Stresses, however, that technical solutions – currently underdeveloped –
Amendment 13 #
Motion for a resolution Recital A a (new) Aa. whereas on an experimental level, three-dimensional printing (or ‘3D printing’) dates back to the 1960s; initially developed in the United States, 3D-printing technology started to break through into industry in the early 1980s;
Amendment 130 #
Motion for a resolution Paragraph 6 Amendment 131 #
Motion for a resolution Paragraph 6 Amendment 132 #
Motion for a resolution Paragraph 6 6.
Amendment 133 #
Motion for a resolution Paragraph 7 Amendment 134 #
Motion for a resolution Paragraph 7 7. Criticises the fact that the Commission has not revised Directive 2004/48/EC during this term, as it had announced it would, and has instead limited itself to presenting non-binding guidelines, without providing clarifications on issues specific to 3D printing; welcomes, though, the measures announced by the Commission on 29 November 2017 which are intended to step up intellectual property protection and to launch a study into this subject in March;
Amendment 135 #
Motion for a resolution Paragraph 7 7. Criticises the fact that the
Amendment 136 #
Motion for a resolution Paragraph 7 7.
Amendment 137 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes that the intellectual property rights concerning the various elements of 3D printing technology have been determined and that, consequently, the next question will be how to uphold them;
Amendment 138 #
Motion for a resolution Paragraph 8 8. Therefore calls on the Commission to give comprehensive consideration to every aspect of 3D-printing technology when taking the measures referred to in its communication (COM(2017)0707), without duplicating existing applicable measures; stresses the importance of involving stakeholders in that work;
Amendment 139 #
Motion for a resolution Paragraph 8 8. Therefore calls on the Commission to give comprehensive consideration to every aspect of 3D-printing technology when taking the measures referred to in its communication (COM(2017)0707); stresses the importance of involving all stakeholders in that
Amendment 14 #
Motion for a resolution Recital A a (new) Aa. whereas the market for 3D printers constitutes a sector which is experiencing rapid growth and whereas this is expected to continue in the coming years;
Amendment 140 #
Motion for a resolution Paragraph 8 8.
Amendment 141 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes the applicability, necessity and practicability of existing liability rules for intermediary service providers which transmit, cache or host and considers them appropriate for 3D printing service infrastructure.
Amendment 142 #
Motion for a resolution Paragraph 9 9. Calls on the Commission to carefully consider the
Amendment 143 #
Motion for a resolution Paragraph 9 a (new) 9a. Recalls that civil liability is a matter falling in principle under the national legislation of each Member State;
Amendment 144 #
Motion for a resolution Paragraph 10 Amendment 145 #
Motion for a resolution Paragraph 10 10. Calls on the Commission to
Amendment 146 #
Motion for a resolution Paragraph 10 a (new) 10a. Points out that 3D-printing technology has many economic advantages for the EU as it offers opportunities for customisation specifically meeting the requirements of European consumers, and that it could make it possible to repatriate production activities and thereby help to create new jobs that are less physically demanding and less dangerous.
Amendment 147 #
Motion for a resolution Paragraph 10 a (new) 10a. Calls on the Commission to 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;
Amendment 148 #
Motion for a resolution Paragraph 10 a (new) 10a. Draws attention to the possible implications of new forms of marketing along the lines of ‘make it yourself’, supplying not the final product but only the software for download and the specifications for printing the product;
Amendment 149 #
Motion for a resolution Paragraph 10 b (new) 10b. Stresses the importance of creating a coherent legal framework to provide a smooth transition and legal certainty for consumers and businesses in order to promote innovation in the EU.
Amendment 15 #
Motion for a resolution Recital A b (new) Ab. whereas, however, the development of community spaces for 3D printing (more usually known as ‘fablabs’) and services for printing at a distance, sometimes linked to an on-line 3D file exchange, enables everyone to have 3D objects printed, which is a boon for inventors and project organisers;
Amendment 16 #
Motion for a resolution Recital A b (new) Ab. whereas 3D printing has an enormous potential to transform supply chains in manufacturing which could help Europe increase output levels; whereas the application of this technology offers new opportunities for business development and innovation;
Amendment 17 #
Motion for a resolution Recital A c (new) Ac. whereas the European Commission has identified 3D printing as a priority area for action offering significant economic potential, notably for small innovative enterprises; whereas many countries have already recognised the transformative potential of 3D printing and have begun to adopt, albeit in an unequal manner, various strategies to create an economic and technological ecosystem to promote its development;
Amendment 18 #
Motion for a resolution Recital B B. whereas the majority of the 3D- printed products being created are prototypes; but some industries have been using final parts for a number of years already and the final parts market continues to grow at a relatively fast rate
Amendment 19 #
Motion for a resolution Recital B B. whereas
Amendment 2 #
Motion for a resolution Citation 1 b (new) - having regard to Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products,
Amendment 20 #
Motion for a resolution Recital B B. whereas
Amendment 21 #
Motion for a resolution Recital B B. whereas the majority of the 3D- printed products being created are currently prototypes;
Amendment 22 #
Motion for a resolution Recital B a (new) Ba. whereas the potential advantages of 3D printing for innovative enterprises are numerous; whereas in particular, 3D printing allows a reduction in overall costs when developing, designing and testing new products or improving existing ones;
Amendment 23 #
Motion for a resolution Recital B a (new) Ba. Whereas the use of 3-D printing is becoming more and more widespread in the society, notably in the education field, in citizen and start-up fora, such as ‘maker spaces’, as well as in the private sphere;
Amendment 24 #
Motion for a resolution Recital B b (new) Bb. whereas 3D printing is inevitably becoming simpler and more accessible to all; whereas it is to be expected that the limitations as regards materials that can be used, speed, and the consumption of raw materials and energy will be significantly reduced in a short period of time;
Amendment 25 #
Motion for a resolution Recital C C. whereas most of today’s high-tech industries use this technology; whereas, owing to the benefits offered by its use, expectations are high in many areas, for example, the medical, aeronautics, aerospace, automotive,
Amendment 26 #
Motion for a resolution Recital C C. whereas expectations are high in many areas, for example, the medical (ranging from regenerative medicine to the manufacture of prosthetics), aeronautics, aerospace, automotive, building, architecture and design sectors;
Amendment 27 #
Motion for a resolution Recital C C. whereas expectations are high in many areas, for example, the medical,
Amendment 28 #
Motion for a resolution Recital C C. whereas
Amendment 29 #
Motion for a resolution Recital C C. whereas expectations are high in many areas, for example but not limited to, the medical, aeronautics, aerospace, automotive, building, architecture and design sectors;
Amendment 3 #
Motion for a resolution Citation 1 c (new) - having regard to the Opinion of the European Economic and Social Committee entitled ‘Living tomorrow. 3D printing - a tool to empower the European economy’ (2015/C332/05)
Amendment 30 #
Ca. whereas point 2.1 of the opinion of the European Economic and Social Committee on ‘Living tomorrow. 3D printing — a tool to empower the European economy’ (2015/C 332/05)1a states that ‘using the right advanced manufacturing technology, Europe could re-shore production from lower wage regions to spur on innovation and create sustainable growth at home’. _________________ 1aSee http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:52 014IE4420&from=EN
Amendment 31 #
Motion for a resolution Recital C a (new) Ca. whereas the lack of regulation has limited the use of three-dimensional printing in key industrial sectors such as, for instance, the aerospace and medical/dental sectors, and whereas regulating the use of 3D printers will help increase the use of technologies and offer opportunities for research and development;
Amendment 32 #
Motion for a resolution Recital C a (new) Ca. whereas the EU has made 3D printing one of the priority areas of technology; whereas the Commission referred to it, in its recent reflection paper on harnessing globalisation (COM(2017)240), as one of the main factors in bringing about industrial transformation;
Amendment 33 #
Motion for a resolution Recital C b (new) Cb. whereas, in an opinion on 3D printing, the European Economic and Social Committee said that ‘the digital revolution, together with this fabrication revolution, will enable Europe to re-shore production from lower wage regions in order to spur on innovation and create sustainable growth at home’ (2015/C 332/05);
Amendment 34 #
Motion for a resolution Recital D Amendment 35 #
Motion for a resolution Recital D D. whereas
Amendment 36 #
Motion for a resolution Recital D D. whereas a reduction in the number of intermediaries w
Amendment 37 #
Motion for a resolution Recital E E. whereas 3D-printing technology could help to create new jobs that are less physically demanding and less dangerous (maintenance technicians, engineers, designers, etc.)
Amendment 38 #
Motion for a resolution Recital E E. whereas 3D-printing technology could help to create new jobs that are less physically demanding and less dangerous (maintenance technicians, engineers, designers, etc.) and also reduce production and storage costs (low-volume manufacturing, personalised manufacturing, etc.); however the decrease in manufacturing jobs will greatly affect the economy of countries that rely on a large number of low skill jobs
Amendment 39 #
Motion for a resolution Recital E E. whereas 3D-printing technology
Amendment 4 #
Motion for a resolution Citation 1 d (new) - having regard to the Commission communication entitled ‘A balanced IP enforcement system responding to today’s societal challenges’ (COM(2017)0707),
Amendment 40 #
Motion for a resolution Recital E E. whereas 3D-printing technology could help to create new jobs that are in some cases less
Amendment 41 #
Motion for a resolution Recital E a (new) Ea. whereas alerts - aimed at professionals and individual citizens - will be put in place by the Member States to warn of the potential dangers of 3D printing, for example gas emissions during production, and whereas protective measures will be introduced;
Amendment 42 #
Motion for a resolution Recital E a (new) Ea. whereas 3D printing affects all areas of intellectual property law, such as copyright, patents, designs, three- dimensional trademarks and even geographical indications;
Amendment 43 #
Motion for a resolution Recital E a (new) Ea. whereas the economic impact of developing the 3D industry in the Member States cannot yet be accurately ascertained;
Amendment 44 #
Motion for a resolution Recital E b (new) Eb. whereas 3D printing might enable consumers to hit back at in-built obsolescence, as they will be able to make replacement parts for household appliances, whose lifespan is becoming increasingly shorter;
Amendment 45 #
Motion for a resolution Recital F F. whereas 3D-printing technology raises specific legal and ethical issues regarding in particular intellectual property and civil liability, and whereas those issues
Amendment 46 #
Motion for a resolution Recital F F. whereas 3D-printing technology might raise
Amendment 47 #
Motion for a resolution Recital F F. whereas 3D-printing technology raises specific
Amendment 48 #
Motion for a resolution Recital F F. whereas 3D-printing technology raises specific legal and ethical issues
Amendment 49 #
Motion for a resolution Recital F a (new) Fa. whereas new technologies are able to scan objects or people and generate digital files which can subsequently be printed in 3D and whereas this can affect image rights and the right to privacy;
Amendment 5 #
Motion for a resolution Citation 1 e (new) - having regard to the Guidance on certain aspects of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights (2017/0708),
Amendment 50 #
Motion for a resolution Recital G G. whereas 3D-printing technology also raises security issues, particularly with regard to the manufacturing of weapons, explosives and drugs, and particular care should be taken with regard to production of that kind, with each Member State already having a range of sanctions for all these areas;
Amendment 51 #
Motion for a resolution Recital G G. whereas 3D-printing technology also raises security and especially cyber- security issues, particularly with regard to the manufacturing of weapons, explosives and drugs, and any other hazardous objects and particular care should be taken with regard to production of that kind;
Amendment 52 #
Motion for a resolution Recital G G. whereas 3D-printing technology could also raise
Amendment 53 #
Motion for a resolution Recital G G. whereas 3D-printing technology also
Amendment 54 #
Motion for a resolution Recital H Amendment 55 #
Motion for a resolution Recital H Amendment 56 #
Motion for a resolution Recital H Amendment 57 #
Motion for a resolution Recital H H. whereas
Amendment 58 #
Motion for a resolution Recital H H. whereas
Amendment 59 #
Motion for a resolution Recital H H. whereas it should be remembered that, contrary to the concerns expressed by some actors, not all 3D-printing production of objects is unlawful, nor are all operators in the sector producing counterfeit objects;
Amendment 6 #
Motion for a resolution Citation 1 f (new) - having regard to the reflection paper on harnessing globalisation (COM(2017)0240),
Amendment 60 #
Motion for a resolution Recital H H. whereas not all 3D-printing production of objects is unlawful, nor are all operators in the sector producing counterfeit objects; but counterfeited items can be produced easily
Amendment 61 #
Motion for a resolution Recital H H. where
Amendment 62 #
Motion for a resolution Recital H H. whereas not all 3D-printing production of objects is
Amendment 63 #
Motion for a resolution Recital H a (new) Ha. whereas it is technically possible to copy almost any object, with or without obtaining the consent of those who own the rights on the object;
Amendment 64 #
Motion for a resolution Recital H b (new) Hb. whereas there are potential problems regarding extraterritoriality, given that by simply downloading the plan for a desired object from the web or through the use of a 3D scanner, the end user, who may be located anywhere on the planet, will be able to replicate that object; whereas most platforms appear to be established outside the EU and governed by the legal systems of the foreign countries concerned, making it impossible to invoke European law to adopt the provisions referring to them; whereas this not only poses problems as regards the applicable legislation for the prosecution of infringements, but also practically neutralises the effectiveness of controls by customs authorities on goods entering or leaving each country since there is no need to transport counterfeit products between jurisdictions;
Amendment 65 #
Motion for a resolution Recital I I. whereas, from a copyright point of view, useful distinctions should be made
Amendment 66 #
Motion for a resolution Recital I I. whereas
Amendment 67 #
Motion for a resolution Recital I I. whereas
Amendment 68 #
Motion for a resolution Recital I a (new) Ia. whereas the elements that characterise the production of objects as being unlawful should be clearly identified, along with the elements that define the limits of lawful behaviour by actors in this market;
Amendment 69 #
Motion for a resolution Recital J J. whereas a report drawn up by France’s Higher Council for Literary and Artistic Property on 3D printing and copyright found that ‘the democratisation of 3D printing does not appear, to date, to be causing a huge problem with copyright infringement
Amendment 7 #
Motion for a resolution Recital A A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market;
Amendment 70 #
Motion for a resolution Recital J a (new) Ja. whereas these few examples which may be envisaged now will probably become more complex as the technology evolves; whereas they raise the question as to what needs to be done to tackle the potential for counterfeiting using 3D printing technologies;
Amendment 71 #
Motion for a resolution Recital K K. whereas as a result of the processes that it uses, 3D printing leads to what the industry has described as a kind of ‘fragmentation of the act of creating’ in that a protected work may be circulated digitally before it takes a physical form
Amendment 72 #
Motion for a resolution Recital K K. whereas as a result of the processes that it uses, 3D printing leads to what the industry has described as a kind of ‘fragmentation of the act of creating’ in that a work may be circulated digitally
Amendment 73 #
Motion for a resolution Recital L Amendment 74 #
Motion for a resolution Recital L L. whereas,
Amendment 75 #
Motion for a resolution Recital L L. whereas, in conclusion, legal experts are of the view that 3D printing has not fundamentally altered copyright, but files created may be considered a work and whereas, if that is the case, the work must be protected as such; whereas, 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;
Amendment 76 #
Motion for a resolution Recital L L. whereas, in conclusion, 3D printing has not fundamentally altered
Amendment 77 #
Motion for a resolution Recital L a (new) La. Whereas 3D printing has not fundamentally altered the way copyright applies; however, due scrutiny should be brought to how exclusive rights are allocated and implemented, in consideration of the large amount of open-source licenses governing the creation of software in this domain, and in compliance with uses allowed under intellectual property law;
Amendment 78 #
Motion for a resolution Recital M Amendment 79 #
Motion for a resolution Recital M Amendment 8 #
Motion for a resolution Recital A A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market;
Amendment 80 #
Motion for a resolution Recital M M.
Amendment 81 #
Motion for a resolution Recital M M. whereas the
Amendment 82 #
Motion for a resolution Recital M M. whereas the question of liability for goods produced and for damage resulting from a defective file could, as regards consumers, be resolved with reference to
Amendment 83 #
Motion for a resolution Recital M a (new) Ma. whereas although the development of 3D printing makes industrial production possible, consideration should be given to the need to establish means of collective redress in order to provide compensation to consumers for damage;
Amendment 84 #
Motion for a resolution Recital M a (new) Ma. whereas the impact of 3-D printing on consumers’ rights and on consumer law in general should be carefully examined in light of Directive XXX on certain aspects of contracts for the supply of digital digital content;
Amendment 85 #
Motion for a resolution Recital N N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing that has led the Commission to undertake a
Amendment 86 #
Motion for a resolution Recital N N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing amongst other things that has led the Commission to undertake a revision of that Directive to check whether it still meets current needs;
Amendment 87 #
Motion for a resolution Recital N N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing among other things, that has led the Commission to undertake a revision of that Directive to check whether it still meets current needs;
Amendment 88 #
Motion for a resolution Recital N N. whereas Directive 85/374/EEC on
Amendment 89 #
Motion for a resolution Recital O O. whereas national general liability rules also apply to 3D printing
Amendment 9 #
Motion for a resolution Recital A A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market;
Amendment 90 #
Motion for a resolution Recital O O. whereas general liability rules also
Amendment 91 #
Motion for a resolution Recital O O. whereas general liability rules, including those on the liability of intermediary service providers as defined in articles 12 to 14 of the e-commerce Directive, also apply to 3D printing; whereas a specific liability regime could be envisaged for damage caused by an object created using 3D-printing technology, as the number of stakeholders involved in the process often makes it difficult for the victim to identify the person responsible; whereas those rules could make the creator or
Amendment 92 #
Motion for a resolution Recital O O. whereas general liability rules also apply to 3D printing; whereas a specific liability regime
Amendment 93 #
Motion for a resolution Recital O O. whereas general liability rules also apply to 3D printing; whereas a specific liability regime
Amendment 94 #
Motion for a resolution Recital O O. whereas general liability rules also apply to 3D printing; whereas a specific liability regime could be envisaged
Amendment 95 #
Motion for a resolution Recital O a (new) Oa. whereas the absence of or shortcomings in this specific civil liability regime affect the insurance system, with the risk that any insurance in this area could be too costly or indeed impossible/unavailable;
Amendment 96 #
Motion for a resolution Recital P a (new) Pa. whereas all elements of additive manufacturing technology must meet certain criteria and be certified to guarantee that it is possible to manufacture reproducible quality parts; whereas certification is rendered complex owing to the numerous transformations of machinery, materials and processes, and to the absence of a database; whereas it will therefore be necessary to develop rules allowing a speedier and more cost- effective certification of all materials, processes and products;
Amendment 97 #
Motion for a resolution Recital P a (new) Pa. Whereas 3D printing has a role to play in reducing energy and natural resources consumption in the purpose of fighting the climate change; whereas the use of 3D printing would minimise waste in production and prolong lifespan of consumer products by enabling production of replacement parts at consumer level;
Amendment 98 #
Motion for a resolution Recital P b (new) Pb. Having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market;
Amendment 99 #
Motion for a resolution Paragraph 1 1. Stresses that
source: 619.044
2018/04/18
JURI
11 amendments...
Amendment 1 #
Motion for a resolution Recital A A. whereas three-dimensional (3D) printing became accessible to the general public when 3D printers for individuals were placed on the market
Amendment 10 #
Motion for a resolution Paragraph 1 1. Stresses that to anticipate problems relating to
Amendment 11 #
Motion for a resolution Paragraph 4 4. Notes that solutions of a legal
Amendment 2 #
Motion for a resolution Recital B B. whereas the majority of the 3D- printed products being created are currently prototypes;
Amendment 3 #
Motion for a resolution Recital C C. whereas most of today’s high-tech industries use this technology, whereas opportunities to use 3 D printing have highly increased in many areas, and whereas expectations are high in many areas, for example
Amendment 4 #
Motion for a resolution Recital E E. whereas 3D-printing technology
Amendment 5 #
Motion for a resolution Recital F F. whereas 3D-printing technology
Amendment 6 #
Motion for a resolution Recital G G. whereas 3D-printing technology might also raise
Amendment 7 #
Motion for a resolution Recital H H. whereas
Amendment 8 #
Motion for a resolution Recital N N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing amongst other things that has led the Commission to undertake a
Amendment 9 #
Motion for a resolution Recital O O. whereas general liability rules also
source: 620.922
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