外层空间3D打印对知识产权制度的挑战

3D打印技术迅速发展并日趋成熟。由于其便于操作、节省成本等特点,欧美各国已开始筹备在外层空间活动中使用该技术。但该技术的广泛应用却给现行法律制度提出了众多新问题,尤其对知识产权制度提出了较大挑战: 在著作权方面,“复制”行为的内涵及“合理使用”的范围亟需重新界定;在专利保护方面,3D打印给专利侵权的认定增加了阻碍。而由于外层空间的特殊法律地位,在外层空间使用3D打印技术则使知识产权保护问题更趋复杂。从促进外层空间活动的角度出发,为应对新挑战,应完善国内空间物体登记制度,扩大知识产权保护范围并在特定情况下限制其行使空间。

The Challenges of 3D Printing in Outer Space to Intellectual Property Regime

The technology of 3D printing is developing rapidly and has become more and more mature. Thanks to the advantages of 3D printing, such as simple operation and cost saving, the USA and European countries are planning to use this technology in space activities, and have already begun to perform experimental tests and to develop relative technologies. However, the emergence of 3D printing has significantly affected the protection of patents and copyright. Concerning copyright, the extent of “copying” and “fair use” should be re-determined. Besides, 3D printing also hinders the identification of patent infringement. The special legal status of the outer space has made the problem of protecting IP rights while using 3D printing in outer space even more complex. From the perspective of promoting the development of space activities, in order to deal with the new challenges, the registration regime for space objects needs improvement, the application scope of patent law as well as copyright law ought to be extended, and special restrictions on patent rights and copyright should be accorded under specific circumstances.