Repairing and Re-Using From an Exclusive Rights Perspective – Towards Sustainable Lifespan as Part of a New Normal?

Abstract

This Chapter examines utilisation of recycled materials from European patent and trademark law perspectives by focusing on two examples demonstrating a strong property right impact on recycling efforts. The first is the consideration of normal lifespan in the repair or reconstruction dichotomy in the patent context, and the second a possibility to utilise trademarks in so called upcycling activities. The chapter assesses the structures and interpretations of exclusive rights conferred by patent law and trademark law as impediments for the circular economy in achieving its full potential in terms of repairing products or re-using materials. Suggestions for adopting a principle on "sustainable lifespan" into IPR framework is discussed.

Keywords: intellectual property law, trademark law, patent law, sustainability, circular economy