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Law vs. Technology: a highway to the future that may require the implementation of innovative regulations

• 23 July, 2015
• By Gustavo A. A. Sena

In a world where reality is constantly undergoing changes, modifications and fluctuations; where reality is continually being renewed, is in constant adaptation and where it surprises us permanently, the regulations that govern our society tend to be out-of-time. With technology, accessories and devices, and the revolution that the widespread growth of 3D printers promises, a new legal universe to defend arises, together with a society to protect with efficient regulations that serve general interest and do not promote the benefit of select areas in detriment of other sectors.

Towards the beginning of a career in law, one of the first things taught is that law is necessary to maintain social order, and in order to prevent chaos. This order is attained if the legislation that regulate man's behaviour is created in accordance with justice and is properly adjusted to the reality of the times when said regulations are created, that is to say, the reality of their age.

It is man who creates law, and who must observe and interpret both its age and its reality, thus generating the norms that make it possible to reach social order. He must also generate those modifications and updates in the legislation that are necessary for adapting to the reality of the time.

Should this adaptation between legislation and reality not be attained, or should legal norms not be up-to-date with reality, said regulations would be obsolete. If regulations are unreasonably created against reality, they are arbitrary. On the other hand, if regulations are too advanced for the reality of the time, they are not applicable in practice, while if they are created in accordance with reality, said regulations will be efficient and will constitute an ideal framework for attaining their essential goal: serving society's general interest, as opposed to serving the interests of select areas, in detriment of other sectors.

The difficulties posed by advances in technology

The problem consists in the fact that reality is not a static concept. On the contrary, it is dynamic and fluctuates at a unique pace. Anciently, in the Middle Ages, and even in the 19th Century, the reality that man daily faced in his everyday life did not undergo changes or it changed at a low pace. In contrast, today's world is different from that world of the time when we were born, and it surely will be another different world in a few years' time.

Technology advances at an incredibly fast pace, and changes occur in increasingly shorter periods of time. The recent past, will soon become the old times. The future that once seemed so far away and was seen as science fictional times, soon becomes a defiant and alarming reality.

In this sense, let's consider how our daily lives have changed in the past 30 years: PC's, social networks, smartphones, the Internet, fiber optics, laptops, tablets, satellites, wi-fi, voice mail, etc., massive and usual digital technology and the implementation of laser light beams in medicine; all of them used to be either unknown technologies or incipient projects. Nowadays, they are a tangible, close and accessible reality which promises to keep changing.

3D printers and a newly-formed legal framework 

3D printing will soon revolutionize commerce and industry. 3D printers are in the fashion world, in the field of medicine and in the industry, in many different areas and ways of application: they are here to stay and we have to get accustomed to the new rules. We will see that some companies change and others disappear. 3D printers' effects will also affect some branches of the law: intellectual property, foreign trade, customs system, healthiness, etc. A lot has been said about their pros and cons. What really matters is the challenge society faces regarding the attitude to adopt before this situation.

With regard to intellectual property, many associations and international institutions, such as INTA (International Trademark Association), Marques (Association of European Trade Mark Owners) and Ecta (European Communities Trade Mark Association), among others, are dealing with this situation in their internal commissions and their conferences or annual meetings. While discussions take place, either at a national or international level, news about 3D printers spread on a day-to-day basis, and the use and applications of such printers increase.

In countries that set trends, such as England, the “wait-and-see” attitude predominates, which means “to not rush and to watch how events develop.” However, it has been suggested that those stores that have a 3D printer warn about the necessity of preserving third parties' rights.

In France, there are intentions to impose a levy on 3D printers, which would increase their prices. So long as the levy do not be excessive, it seems to be a solution since it creates a balance between the fields in which 3D printers are used and their applications, but it does not eliminate 3D printing and their various and real benefits. Indeed, trademark and patent owners will use this technological advance for their benefit. It is of paramount importance that this new technology does not be used by those who are not legally authorized to do so by the owners of the rights, or who infringe such rights. Clearly, there will be fields or branches of the law, circumstances, events or situations relating to 3D printing that will need to be regulated. But this should not lead to eliminate 3D printing, regulations must not be excessive.

The future is already here

We are moving toward a world in which, through the “inmersive internet”, we will have the possibility of being part of a virtual business, trying on a piece of clothing, reproducing our image wearing that piece of clothing, perceiving its smells and textures, buying it and, depending on the case, having it at home by a 3D printing.

Thus, the virtuality states a new way of relationship between space and time, where the use of tridimensional, mobile, sound, smell and even tactile trademarks will increase. It generates a new scenario in relation to volume and possibilities, where it is possible to create interaction environments so far unimaginable, where the necessity of sharing space and time is not a real requirement anymore. Rules and laws will be tested in this digital and virtual environment. The tridimensional environments will impact on other areas and they will be an additional item at meetings, conferences, presentations, etc. The human body is broken down in its computing avatar for multiple uses that today can be infinite.

We are facing the third Industrial Revolution and a world which will change faster than during the last 30 years and that, certainly, from the law and many other disciplines, it sets out new challenges and the concrete possibility of making new rules. The attitude to adopt is to be attentive to reality and to be conscious that, in case legislative changes are necessary, we cannot face these changes with the law “moving slowly” and the reality “moving fast”. Passing innovative and effective laws could not be postponed. We have to move on quickly to ensure there will no obsolete laws, under the premise that we should learn and understand the reality of the following years. In this way, our laws would not be arbitrary, ensuring that the changes will happen at the right time to be applied in practice.

See other articles of the author related with 3D printing:
http://www.sbm.com.ar/en/impresoras3d.php
http://www.sbm.com.ar/en/pyme_imp3d.php

SENA & BERTON MORENO was founded in 1937 by ALFREDO SENA and ERNESTO E. BERTON MORENO as a Patent and Trademarks Agency with a stable staff of only four people. Since then, the Firm has grown to reach its current size of forty people, working at our offices located only two blocks away from the Government House and at the heart of the commercial and financial district of the city. Ver más