European Steps to the Right to Repair: Towards a Comprehensive Approach to a Sustainable Lifespan of Products and Materials?

15 Pages Posted: 8 Oct 2020

See all articles by Taina Pihlajarinne

Taina Pihlajarinne

University of Helsinki - Faculty of Law

Date Written: October 7, 2020

Abstract

This article discusses the steps that the European Union legislator has taken to address barriers to repairs. What kinds of problem have been solved and what major problems will remain to be tackled to promote the right to repair and the circular economy in Europe? This article sheds light on policies and doctrines that are accelerating development towards full recognition of the right to repair in Europe, and will assess the difficult relationship between the right to repair and intellectual property law. Furthermore, suggestions are made as to how these problems might be solved. The article argues that direct intervention by circular economy concepts in intellectual property right (IPR) doctrines is necessary for genuine integration of circular economy goals with IPR. A sustainable lifespan has the potential to act as a key concept describing the fundamental aim of balancing IPRs and the circular economy: an incentive for innovative and creative work in society where products and materials are utilized within the notion of a sustainable lifespan, which should play an individual role in IPR doctrines.

Keywords: intellectual property rights, right to repair, EU law, sustainability

Suggested Citation

Pihlajarinne, Taina, European Steps to the Right to Repair: Towards a Comprehensive Approach to a Sustainable Lifespan of Products and Materials? (October 7, 2020). Helsinki Legal Studies Research Paper No. 63, Available at SSRN: https://ssrn.com/abstract=3706872 or http://dx.doi.org/10.2139/ssrn.3706872

Taina Pihlajarinne (Contact Author)

University of Helsinki - Faculty of Law ( email )

Porthania 5th Floor
P.O. Box 4
Helsinki, FIN-0001 4
Finland

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