The recent news about the cloning of an anti-counterfeiting measure on a pharmaceutical package has brought a crucial debate about intellectual property to the table. 3D scanning and printing technology allows for the replication of security elements such as holograms, microtexts, or tactile reliefs with millimeter precision. This not only infringes on design patents but also opens the door to the distribution of counterfeit drugs that bypass primary authentication controls.
Scanning, modeling, and reproduction: the flow of technical infringement 🔬
The cloning process begins with a high-resolution 3D scanner that captures the surface topography of the security seal. Subsequently, modeling software inverts the geometry to generate a mold or an identical piece. 3D printing, using high-definition resin or filament, materializes the copy. This technical flow represents a direct violation of industrial property rights, as it faithfully reproduces a design registered as a utility model or patent. In the pharmaceutical sector, where traceability is vital, this replication capability demands a rethinking of protection strategies.
Protect the design or design for protection? ⚖️
The true legal and technical challenge lies in the fact that a patent protects the idea, but not always the physical object against its digital copy. Digitization allows circumventing traditional defense mechanisms. The solution is not only to tighten laws but also to integrate into the original design elements that are not reproducible by conventional 3D technologies, such as reactive inks or microstructures requiring patented and inaccessible manufacturing processes. Intellectual property must evolve towards protecting the manufacturing process, not just the aesthetic result.
Considering that 3D scanning technology can replicate security elements designed to be unique with precision, how should intellectual property legislation be rethought to protect pharmaceutical holograms and microtexts when they can be digitally cloned and mass-produced without authorization?
(PS: at Foro3D we know that the only things that don't need copyright are STL files that don't print well)