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3Dresyns restricted publications

3Dresyns restricted publications

3Dresyns develops proprietary materials, formulations, processes, technologies and technical know-how. Some information is intentionally made public through the 3Dresyns website, technical documentation and scientific publications, while other information is maintained as Confidential Information, proprietary know-how or trade secrets.

This policy explains the distinction between information that may be published and information that is subject to confidentiality, contractual or intellectual-property restrictions. It should be read together with Permission to publish, which sets out the procedural framework applied when a publication concerns Confidential Information, an NDA, a collaborative project or Company-provided non-public information.

Scope of this policy

Restrictions described here apply only to Confidential Information, non-public formulations, proprietary compositional information, unpublished Company data, materials or information obtained under a Non-Disclosure Agreement, information obtained through a confidential or collaborative relationship with the Company, and material whose disclosure is otherwise limited by an applicable written agreement, intellectual-property right or mandatory legal rule.

They do not apply to information that 3Dresyns has intentionally made public, to results independently generated by a customer or third party through lawful testing of commercially supplied Products, or to information that is genuinely public, independently developed or otherwise lawfully obtained without confidentiality restrictions.

Protection of non-public research and know-how

3Dresyns protects non-public research, formulations, compositional information, manufacturing know-how, experimental materials, development data, technical processes, unpublished results and other commercially sensitive information through confidentiality, trade-secret protection, contractual restrictions, intellectual-property rights and other legally available mechanisms.

Information does not become public or available for unrestricted publication merely because a Product has been supplied, evaluated, tested or purchased.

Where information qualifies as a trade secret under applicable law, 3Dresyns may protect it against unauthorized acquisition, use or disclosure.

Internal publication policy

Publication decisions concerning confidential or proprietary work generated internally by 3Dresyns personnel are subject to the Company's internal technical, confidentiality and intellectual-property review procedures.

Employees, contractors and other persons acting for the Company must not publish Company Confidential Information, unpublished proprietary research, formulations, compositional information, trade secrets or other restricted information unless publication has been authorized under the applicable internal or contractual procedure.

Internal review may assess confidentiality, intellectual property, patentability, technical accuracy, regulatory implications, third-party rights and the appropriate scope and timing of disclosure.

This internal publication policy does not mean that all research performed by independent customers, universities or third parties using commercially supplied 3Dresyns Products is owned or controlled by 3Dresyns.

Information that may be publicly discussed

Information that 3Dresyns has intentionally made public may generally be cited, discussed and referenced subject to applicable copyright, trademark and other legal requirements.

This may include public Product information, public Technical Data Sheets, public Instructions for Use, public technical guides, public articles, public White Papers, public website content and other information expressly released for public access.

The fact that public information may be discussed does not authorize a person to disclose separate non-public information obtained through an NDA, confidential communication, development project, sample evaluation or other restricted relationship.

Independent research and publications

Independent customers, universities, research institutions and other third parties may generate their own experimental data and research results through lawful testing of commercially supplied Products.

Purchase or legitimate use of a 3Dresyns Product does not, by itself, transfer to the Company ownership of independently generated research data, testing results, scientific observations, conclusions or other intellectual output created by a Buyer or third party. 3Dresyns does not claim ownership of independently generated research results merely because a 3Dresyns Product was used in the research, unless ownership or other rights have been expressly established in a separate written agreement.

A publication does not require 3Dresyns approval merely because its results are unfavorable, critical, unexpected or different from values reported by 3Dresyns. Nothing in this policy prohibits truthful criticism, genuine complaints, independently reached scientific conclusions or unfavorable results merely because they concern the Company or a 3Dresyns Product.

However, independent publication rights do not authorize disclosure of 3Dresyns Confidential Information, trade secrets, proprietary compositional information or information obtained in breach of an NDA, contractual restriction or other legal obligation.

Publications requiring prior review or authorization

Prior review by 3Dresyns may be required where a proposed publication, presentation, abstract, poster, thesis, preprint, article, patent filing, conference contribution, dataset, online publication or other public disclosure contains or may contain information obtained through a confidential or collaborative relationship with the Company.

This includes, where applicable, publications involving:

  • 3Dresyns Confidential Information or trade secrets;
  • non-public formulations or compositional information;
  • confidential samples, experimental materials or development formulations;
  • information obtained under a Non-Disclosure Agreement;
  • non-public technical information provided directly by 3Dresyns, including confidential Curing Rate Tables (CRTs) and non-public calibration information;
  • custom development or collaborative research projects;
  • unpublished Company test data or technical reports;
  • proprietary manufacturing or formulation processes;
  • confidential printer, processing or formulation-development know-how;
  • information capable of revealing or facilitating reconstruction of protected compositional information;
  • jointly generated information where publication rights are governed by a separate agreement;
  • potential inventions or intellectual property whose disclosure is subject to contractual rights of 3Dresyns or another Party.

Where a proposed publication does not fall into one of the categories above and does not otherwise involve information subject to a confidentiality, contractual or intellectual-property restriction, prior 3Dresyns review is not required.

Pre-publication review

Where a publication is subject to a contractual pre-publication review requirement, the proposed publication must be provided to 3Dresyns sufficiently in advance and in accordance with the applicable agreement. Unless a different period has been expressly agreed, the Recipient shall provide the complete manuscript, presentation, report, abstract, dataset or other material intended for disclosure (the "Publication") at least thirty (30) calendar days before the proposed submission or public disclosure, and the Company's review period is up to thirty (30) calendar days from confirmed receipt of the complete Publication.

Unless another contact or procedure has been agreed in writing for the relevant project, the Publication must be sent to info@3Dresyns.com.

Scope of Company pre-publication review

Where a pre-publication review applies, the Company's review is intended to identify:

  • 3Dresyns Confidential Information or trade secrets that must not be publicly disclosed;
  • proprietary information belonging to 3Dresyns or, where applicable, to a third party;
  • information protected by an applicable NDA or other confidentiality obligation;
  • non-public formulations, compositional information or other proprietary technical information disclosed beyond the authorized purpose;
  • 3Dresyns intellectual property requiring protection before public disclosure, including potentially patentable information where the applicable contractual arrangement gives a Party the right to protect that information before publication;
  • unauthorized use of Company-owned text, images, technical documentation, trademarks, logos or other protected content;
  • incorrect attribution of statements, data, specifications or conclusions to the Company;
  • material factual inaccuracies concerning information originally supplied by the Company.

Technical or methodological comments provided by 3Dresyns during review are advisory unless they relate to Confidential Information, contractual obligations, intellectual-property rights, inaccurate attribution or another matter that the applicable agreement gives 3Dresyns the right to require the author to address.

Pre-publication review is not intended to provide 3Dresyns with a general right to suppress independently generated results merely because the Company disagrees with them or considers them commercially unfavorable. The Company shall not withhold permission under a contractual pre-publication review solely because independently generated results are unfavorable to the Company or its Products.

Company response

Where this policy or an applicable agreement requires pre-publication review, the Company should communicate any objection relating to Confidential Information, trade secrets, Company intellectual property, contractual restrictions or inaccurate attribution within the applicable thirty (30) calendar day review period.

Where the Company identifies protected Confidential Information or another disclosure that would breach an applicable contractual obligation, the Recipient must remove, redact or otherwise appropriately protect that information before publication.

The parties should cooperate in good faith to resolve legitimate confidentiality or intellectual-property concerns without unnecessarily preventing publication of independently generated results.

No response within the review period

If a pre-publication review is contractually required and the Company does not provide comments within thirty (30) calendar days after confirmed receipt of the complete Publication, the Recipient may proceed with the proposed publication subject to the continuing obligations described in this policy and in Permission to publish.

For the avoidance of doubt, expiry of the review period does not authorize publication of information that the Recipient knows, or reasonably should know, constitutes Company Confidential Information, a protected trade secret, information subject to an NDA or material whose disclosure is otherwise prohibited by an applicable written agreement or mandatory law. Approval to publish one item of Confidential Information does not constitute a general waiver of confidentiality for other information.

Confidential information must be removed before publication

Where a proposed publication contains protected Confidential Information, the author must remove or appropriately revise the protected information before publication unless the Disclosing Party expressly authorizes disclosure in writing.

Silence or failure to comment within a review period does not authorize disclosure of information that the author knows or reasonably should know remains protected by an NDA, trade-secret obligation or other binding confidentiality restriction.

Formulations and compositional information

Non-public formulations, chemical compositions, component identities, concentrations, formulation architecture and information capable of revealing protected compositional know-how are considered particularly sensitive information.

Where such information has been obtained under an NDA, confidential disclosure, development relationship or other valid restriction, it must not be published without prior written authorization.

Likewise, a Recipient subject to a valid prohibition against reverse engineering or compositional analysis may not circumvent that restriction by commissioning analytical work and subsequently publishing the resulting protected information.

Samples and confidential development materials

Confidential samples, prototypes, experimental materials and customized formulations supplied for evaluation remain subject to the confidentiality and restricted-use conditions applicable to their supply.

Performance results obtained through authorized evaluation may be publishable depending on the applicable agreement, but publication must not reveal protected formulation information, confidential development information or other information that the Recipient was not authorized to disclose.

Testing a sample does not automatically transfer ownership of the underlying formulation, trade secrets or proprietary know-how.

Patents and publication timing

Public disclosure can affect the ability to obtain patent protection for an invention. Accordingly, where a proposed publication arising from a confidential, collaborative or Company-supported project contains potentially patentable information subject to 3Dresyns rights or contractual review rights, publication may need to be coordinated with appropriate intellectual-property protection.

Any postponement beyond the standard thirty (30) day review period must be based on the applicable agreement, the rights of the Parties and the legitimate need to preserve intellectual-property protection.

This policy does not grant 3Dresyns ownership of an independently created invention merely because a 3Dresyns Product was used.

Further information is available in About patenting inventions.

Information obtained through prohibited reverse engineering

Information obtained through activity that breaches the Company's applicable contractual restrictions on reverse engineering, compositional analysis, de-formulation or unauthorized acquisition of Confidential Information may not be published or disclosed in circumvention of those restrictions.

This provision must be read together with the Company's Prohibition against reverse engineering and penalties and Confidentiality policies.

Trade secrets

Trade-secret protection depends on the information satisfying the requirements of applicable law, including that the information is secret, has commercial value because it is secret and has been subject to reasonable measures to preserve its secrecy.

Unauthorized disclosure of protected trade-secret information may therefore cause loss of confidentiality and significant commercial harm.

Further information is available in About 3Dresyns trade secrets.

Use of 3Dresyns name and trademarks

Accurate identification of a 3Dresyns Product used in legitimate research or testing does not, by itself, imply Company sponsorship, endorsement, collaboration or approval of the research or its conclusions.

The Company's trademarks, logos, brand assets, photographs, marketing materials and other protected content must not be used in a manner that falsely implies sponsorship, endorsement, certification, partnership or approval by 3Dresyns.

Use of Company logos and other brand assets is subject to the Company's Use of logo policy.

Attribution and statements concerning the Company

A publication must not attribute to the Company statements, conclusions, approvals, certifications, test results, guarantees or positions that the Company has not actually made or accepted.

Where Company-supplied data or technical information is reproduced or referenced, its source and status should be represented accurately.

Authorship, ownership of results, intellectual-property rights and publication rights should not be inferred merely from participation in a project and are governed by the applicable agreement and law.

Publications involving collaboration with 3Dresyns

Research collaborations, custom development projects, technology-transfer projects, funded work, joint development or other structured collaborations may have publication provisions specifically negotiated for that project.

Where a written collaboration, research, development, NDA or other individually negotiated agreement contains publication provisions, those provisions prevail for the matters they specifically govern.

Legal and regulatory disclosures

Nothing in this policy prevents a disclosure that applicable law requires or expressly protects and that cannot lawfully be restricted, including disclosures required by a competent authority, court, regulatory obligation, judicial proceeding, the exercise or defence of legal rights or other legally protected disclosures.

Where legally permissible, a Recipient required to disclose Company Confidential Information should notify the Company in advance and disclose only the information legally required so that appropriate confidentiality measures may be considered.

Permission to publish

Requests concerning publication of confidential, collaborative or Company-provided non-public information should be submitted before publication to info@3Dresyns.com.

The full procedural framework — including notice periods, delivery, scope of Company review, response, expiry of the review period and mandatory-disclosure carve-outs — is set out in Permission to publish. This present policy and Permission to publish operate together: this policy defines what is restricted and why; Permission to publish defines how a review is requested, conducted and concluded.

Non-restricted technical knowledge on 3Dresyns.com

3Dresyns makes a substantial body of technical information publicly available through its website, including Product information, technical documentation, guides, White Papers and information concerning additive-manufacturing technologies and applications.

This public technical information is distinct from confidential formulations, proprietary compositional information, unpublished development data and other non-public Company information.

Public information may be accessed through the Company's technical documentation and resource systems and through 3Dresyns innovations & achievements.

Relationship with the NDA and Legal Terms

Where a person or organization has entered into a Bilateral Non-Disclosure Agreement, project-specific NDA, development agreement or other confidentiality agreement with 3Dresyns, that agreement governs the Confidential Information within its scope.

Relevant provisions may also be contained in the Company's Legal Terms, Terms & Conditions, Confidentiality, Permission to publish, Trade secrets, Ownership of contents, Use of logo and Prohibition against reverse engineering and penalties pages.

Where an individually negotiated agreement establishes different publication or confidentiality conditions, that agreement prevails for the matters specifically governed by it.

Mandatory rights

Nothing in this policy excludes, restricts or modifies any right to publish, communicate, disclose, report, criticize or exercise a legal remedy that cannot lawfully be excluded or restricted.

Governing principle

3Dresyns does not prohibit legitimate independent scientific publication merely because a 3Dresyns Product is used. Publication restrictions apply only where necessary to protect Confidential Information, trade secrets, contractual obligations, proprietary technology, intellectual-property rights or other legally protected non-public information. Procedural conditions for restricted publications — notice period, delivery, scope of review, response and mandatory-disclosure carve-outs — are set out in Permission to publish and apply consistently with it.