This article discusses the steps that the European Union legislator has taken to address barriers to repairs. It addresses the questions of what kinds of problems have been solved and what major problems remain to be tackled to promote the right to repair and the circular economy (CE) in Europe. The article argues that direct incorporation of CE concepts in intellectual property right (IPR) doctrines is necessary for genuine integration of CE goals within European Union law. The concept of a “sustainable lifespan” has the potential to act as a key concept promoting the fundamental aim of balancing IPRs and the CE: creating an incentive for innovative and creative work in society where products and materials are utilised within their sustainable lifespans. The notion of a sustainable lifespan should therefore play an independent role in IPR doctrines.
|Journal||Australian Intellectual Property Journal|
|Number of pages||9|
|Publication status||Published - 2020|
|MoE publication type||A1 Journal article-refereed|
Fields of Science
- 513 Law