It suggests that the act of uploading a CAD file onto a 3D printing platform may be tantamount to a disclosure for the purposes of triggering unregistered design protection, and for appraising the state of the prior art. The enquiry goes on to illustrate the implications that the making of a CAD file available online might have. Then, it considers the EUIPO’s practice of accepting 3D digital representations of designs. To this end, it begins with an inquiry into the concepts of “design” and “product”, set forth in Article 3 of the Community Design Regulation No. The key point is whether the appearance of a product, embedded in a CAD file, could be regarded as a protectable element under existing legislation. This paper explores whether design protection is available under the current European regulatory framework for designs that are computer-created by means of CAD software, and, if so, under what circumstances. This file, when sent to the printer, gives instructions to the device on how to build the object layer-by-layer. Three-dimensional printing (“3DP”) is an additive manufacturing technology that starts with a virtual 3D model of the object to be printed, the so-called Computer-Aided-Design (“CAD”) file.
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