Legal Implications of Technical Standards – Core Proceedings
According to the German Federal Government, technical standards are essential for the opening of international markets, as they lead to a transfer of technology and deregulation.
However, what is the legal value of technical standards? From a legal perspective, norms are generally not considered “law”. This may easily lead to the conclusion that there is no legal obligation to apply technical standards in the world of additive manufacturing. The question arises how to determine if or if not, a product developed by additive manufacturing is defective. What should be the benchmark?
In a court procedure, the court will look at all stages of the production chain to explore the causation of a defect. How was the design produced? How were the data generated? Was the material suitable and shipped, stored and handled accurately? How about the setup of the production, was it adequate for the intended purpose? And the 3D printer? Has it been chosen appropriately?
May technical standards be of help to analyse if all stages of a manufacturing process were fit for purpose? The presentation will focus on a court proceedings’ reality and the influence of technical standards on a court’s decision. Further, it will be discussed what advantages it may have to establish technical standards on a national and international level and to apply them in the contractual relationship among all parties in the supply chain and production process.