Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A U G U S T 2 0 1 5 47 f you believe the headlines, 3D printing can, at once, add two inches to a hunch- back's height, combat climate change, and produce a bunch of organs you may one day need to survive. Although many people believe otherwise, 3D printing is not new. It is a technology that has been around for decades. It is only now, how- ever, that the equipment needed to print 3D objects is small enough and afford- able enough (roughly $1,300), for people to use in their homes and small businesses. 3D printing first requires a virtual design of the object you want to print. It can be from scratch or use a 3D scanner to copy an existing product. 3D software then "slices" the object into many different layers, and once that process is complete, the file is uploaded to a 3D printer, which then prints the object. You can see how the ability to print products at will could cause problems with intellectual property — a lot of problems, including copyright, trade- mark, and design patent infringement. And from a commercial point of view, if everyone with the right equipment can print Aspirin or Play-Doh at home, who will buy these things at the store, online or off? Are your clients ready for the possible impact of this technology? Are you? One thing is for sure: No one wants to be the next record industry executive. Years ago, those in charge of the music industry had no idea what impact online file-sharing would have on their industry. And when they did finally figure it out, they had no viable strategy in place to deal with it. Tracey Mosley, a longtime trade- mark agent and partner at Borden Ladner Gervais LLP in Ottawa, says we are not yet at that game-changing point with 3D printing, but it's coming. "We are probably five to 10 years away from the technology being small enough that you'd want it in your home, and you can afford it, and you can stock materials for it, and you have the knowledge and capacity to store files for it. . . . Right now, people have trouble keeping their home e-mail running." The technology is definitely popular. There are headlines about 3D printing almost every day. Whether it is a 3D car or a 3D bridge, millions of people world- wide are using and investing in this tech- nology. Here in Canada, however, what Mosley hears most about in her practice are not grandiose, news-making 3D items, but rather, small enhancements to toys or tools — people out to make a bigger handle for a product. From a legal standpoint, Mosley says, "It's not the end of the world. As long as they are not selling it or doing something that damages the reputation of the company, it's not a problem. The mate- rials now tend to be plastic, with some of it being metal, but there is not a whole lot you can do at home just yet." Jeremy Madl has been designing toys professionally for 18 years and agrees with Mosley. Having worked for corporations like Pepsi, Mattel, and the NFL, he says the quality of home 3D printing is not yet good enough for his standards. However, he uses it in his day-to-day business and has done so for the past six years, mostly for mock-ups. "Do I think every family needs a US$1,200 printer in their house to pump out cellphone cases and other plastic stuff? Probably not. Right now, it's great to be able to get a nice, high-res printed pro- totype for client approvals. It saves an enor- mous amount of time and money in the L E G A L R E P O RT \ I N T E L L E C T U A L P R O P E RT Y MATTHEW BILLINGTON Are lawyers and clients ready for the effects of 3D printing? By Ava Chisling Can you see me coming? I

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