"Clone Wars": Episode II - The Next Generation: The Copyright Implications relating to 3D Printing and Computer-Aided Design (CAD) Files

The future market potential of 3D printing will rest on the dissemination of Computer Aided Design (CAD) files. Without clear instructions from a CAD file, a 3D printer will not function. In fact, “a 3D printer without an attached computer and a good design file is as useless as an iPod without music”. The importance of CAD-based design files, therefore, cannot be underestimated. Drawing on UK and EU copyright laws and their application to 3D printing and CAD files, this paper will, first, question whether CAD files can be protected by copyright law before considering the copyright implications thrown up by the modification of CAD files as a result of scanning and the use of online tools. Highlighting some of the challenges for rights holders and users existent in the present law the paper advocates new business models over a premature call for stringent intellectual property laws before concluding with some recommendations for the future

Balancing, Proportionality, and Constitutional Rights

In the theory and practice of constitutional adjudication, proportionality review plays a crucial role. At a theoretical level, it lies at core of the debate on rights adjudication; in judicial practice, it is a widespread decision-making model characterizing the action of constitutional, supra-national and international courts. Despite its circulation and centrality in contemporary legal discourse, proportionality in rights-adjudication is still extremely controversial. It raises normative questions—concerning its justification and limits—and descriptive questions—regarding its nature and distinctive features. The chapter addresses both orders of questions. Part I centres on the justification of proportionality review, the connection between proportionality, balancing and theories of rights and the critical aspects of this connection. Part II identifies and analyses the different forms of proportionality both in review, as a template for rights-adjudication, and of review, as a way of defining the scope and limits of adjudication