Wydruk 3D wytworzony nieprzemysłowo i jego komponent cyfrowy jako produkt niebezpieczny w świetle dyrektywy 85/374/EWG

Abstrakt

The rapid development of digital technologies creates challenges for the Directive on Liability for Defective Products (85 374 EEC). A need for the reform of this Directive has been constantly indicated and documented. The approach to the reform is not decided yet, however, the European Commission admitted the necessity to verify the interpretation of the key terms used in the Directive, including product and producer. The paper analyses the applicable scope of those terms, using as a case study non industrially manufactured 3D printing objects and their digital components, CAD files. The Author verifies the question of the adequacy and effectiveness of the Directive as a source of liability for a defective 3D printing item produced by an individual manufacturer or a custom made item delivered by 3D printing service provider. The paper analyses the legal position of various entities involved in the 3D printing production chain, whose coverage by the Directive is currently questionable. It also provides an analysis of arguments as to legal status of a CAD file as a product in the light of the Directive. The conducted analysis confirms the assumption that leaving outside of the scope of the Directive all actors of the production chain which significantly affect the 3D printing quality will create regulatory gaps. Moreover, to achieve the primarily intended effectiveness of the Directive, it is necessary to ensure its applicability to digital products.