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ABSTRACT Emerging 3D printing technologies bring with it the potential to transform everyday consumers into manufacturers of every product imaginable. However, this impending wave of newfound technological capability is bound to crash against our present conventional system of laws and regulations. In this paper, the strengths and weaknesses of our current intellectual property framework are examined, and its ability to tackle the future 3D printing market is assessed. Particular attention is paid to our modern formation of copyright and patent law, including an analysis of the Digital Millennium Copyright Act (DMCA), the Repair-Reconstruction Doctrine and other substantial legal protocol. The legal battle between the Napster file-sharing service and the larger music industry is also explored, as it provides key insight into similar intellectual property divergences that may soon drive a stake between 3D printing businesses and more traditional manufacturers of physical goods. Finally, this paper suggests modifications to be made towards traditional sales models, the Repair-Reconstruction Doctrine, the implementation of the DMCA protections, and our application of the Fair Use Doctrine.

Historically, in sale of goods transactions, the law has implied terms in the contract. These terms have varied in their content and application and have been subject to change. The implied terms concerning the quality of goods sold and their fitness for particular uses are considered in this thesis. The provisions of the common law in Scotland and England are examined historically, developmentally and comparatively, and the application of the English approach in Canada is noted. The effect on the common law of statutory provisions is then considered: first in Britain, and then in the adoption of the statutes in Canada. The content of the statutory provisions, their interpretation and amendment, and the criticisms of their operation, are reviewed. It becomes apparent that, in both Britain and Canada, these provisions have been the subject of criticism from various quarters. The precise meaning of the terms, their application in consumer and non-consumer contracts, their suitability to the variety of types of goods sold and the remedies available in cases of dispute, have all been questioned. The effect of this, in leading to calls for reform in Britain and Canada, is then examined. The work of the various law reform bodies and their proposals are considered from both the historical perspective and comparatively. It is concluded that, if the proposals for reform are fully implemented, they will provide a workable framework for modern conditions. Nonetheless, it is submitted that such a position could have been reached by the development of Scots common law. / Law, Peter A. Allard School of / Graduate

University of Macau / Faculty of Law

Zugl.: Bern, Universiẗat, Diss., 2007.

Thesis--Universität, 2004/05--Marburg. / Includes bibliographical references (p. [340]-355) and index.

Thesis (Ph.D.)--University of Nebraska-Lincoln, 2007. / Title from title screen (site viewed Oct. 21, 2008). PDF text: 153 p. ; 1 Mb. UMI publication number: AAT 3308321. Includes bibliographical references. Also available in microfilm and microfiche formats.

LL.D. (Private Law) / Please refer to full text to view abstract

For almost twenty years, the general delictual claim as found in par. 823 (!) BGB formed the basis for product liability claims against producers in Germany. In 1985, however, a European Directive on Product Liability was issued and in 1990 Germany enacted the Product Liability Act. Setting a strict liability standard, the Act was to operate in tandem with the existing general delictual claim. Since producers in any event find it very difficult to successfully defeat product liability claims based on par. 823 BGB, the Act should not drastically change the landscape of German product liability jurisprudence. In South African product liability claims fall under the Lex Aquiliae which has fault as its cornerstone. Although our Courts are willing to assist a plaintiff by applying the doctrine of res ipsa loq11it11r, the German experience has shown that procedural devices do not provide a permanent solution to the problem of product liability. In the long run legislation is the best way to bring about a rational and equitable system of strict liability. / Mercantile law / LL.M.

For almost twenty years, the general delictual claim as found in par. 823 (!) BGB formed the basis for product liability claims against producers in Germany. In 1985, however, a European Directive on Product Liability was issued and in 1990 Germany enacted the Product Liability Act. Setting a strict liability standard, the Act was to operate in tandem with the existing general delictual claim. Since producers in any event find it very difficult to successfully defeat product liability claims based on par. 823 BGB, the Act should not drastically change the landscape of German product liability jurisprudence. In South African product liability claims fall under the Lex Aquiliae which has fault as its cornerstone. Although our Courts are willing to assist a plaintiff by applying the doctrine of res ipsa loq11it11r, the German experience has shown that procedural devices do not provide a permanent solution to the problem of product liability. In the long run legislation is the best way to bring about a rational and equitable system of strict liability. / Mercantile law / LL.M.