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“Alexa, let’s talk about privacy”
product without permission (other than for private purposes) could be caught under the current law. Again, suppliers of 3D printing equipment are unlikely to be caught, unless they are aware that a specific, infringing product would be copied using the equipment. That said, those who share digital CAD files may be infringing as the files provide the “means relating to an essential element of the invention” as set out in the Patents Act 1977. File sharers providing the ‘blueprint’ to produce a protected invention may arguably be said to be infringing where it was obvious to a reasonable person the file would be used to make an infringing product. IP rights can help – up to a point An array of laws exist to help protect the IP value of objects from the scourge of unauthorised 3D printing in the same way that IP laws protect objects produced by more traditional means. • For those products which are considered artistic works, copyright provides broad scope to prevent unauthorised reproduction using 3D printers as well as the supply and sharing of digital CAD files. • Where word or logo trademarks are included in printed objects, trademark registration can offer an effective weapon. 3D trademark registration of distinctive or recognisable product shapes may provide decent protection against unauthorised copies. • Novel fashion items such as jewellery, clothes and other accessories are protected by design registration or unregistered design rights. Novel product shapes which cannot be protected under 3D trademark registration may be
protected by registered and unregistered design rights – the identical appearance of 3D-printed products means that design rights, where valid, will be potent tools in the fight against unauthorised 3D-printed copies. • For patented objects, not only can unauthorised 3D printing be prevented, but rights could also be enforceable against suppliers of digital CAD files and those simply producing products – but not against those placing them on the market or offering them for sale. However, in some cases IP rights will fall short of what is needed to combat counterfeiting by 3D printing: • The source of infringing products will be more difficult to uncover, limiting enforcement opportunities, particularly in jurisdictions with weaker IP laws than those of the United Kingdom and European Union, for example. The technology allows for easy manufacture in multiple jurisdictions, removing the need to import and risk customs seizures. consumer use of 3D printing will not constitute trademark, design, patent or copyright infringement. The exception is home copying of artistic works, which will be protectable under copyright, although many ordinary consumer products will not qualify. Jocelyn Clarke is a trademark attorney at Taylor Wessing. She is based at the firm’s London office • In most cases, at-home
Question To what extent does Amazon’s Alexa, and interfaces like it, present a breakthrough opportunity for computer-driven assistances and home automation, and to what extent should any enthusiasm be tempered by privacy concerns? Answer The seminal 1968 film 2001: A Space Odyssey imagines a sinister, ever-present, voice-driven assistant in the form of HAL, a sophisticated, conversational artificial intelligence (AI) whose intentions are, in the final act, revealed to be anything but assistive. Stanley Kubrick’s 2001 explored themes of privacy, communication and our complex relationship with AI. Almost 50 years later and for just £149.99, online giant Amazon will ship a sophisticated, conversational, voice- driven assistant to your door, albeit one with a somewhat friendlier name: Alexa. In light of contemporary concerns around privacy, communications and our relationship with assistive technologies, this article explores the extent to which Amazon’s Alexa and similar technologies present a breakthrough for home automation, as well as the privacy concerns surrounding computer- driven assistance. Home integration At its most simplistic, the Echo – a nine-inch polycarbonate cylinder of omnidirectional microphones, limited processing power and WiFi connectivity – provides little more than a voice-activated front end
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