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A critical Analysis of the conflict between the Right to repair and Intellectual Property Rights.

  • Unique Paper ID: 172657
  • Volume: 11
  • Issue: 9
  • PageNo: 478-485
  • Abstract:
  • The Right to Repair movement advocates for consumer empowerment by granting people the ability to repair and maintain their own devices. Many products in the modern world, like smartphones and appliances, contain embedded software, which makes repair complicated. Although consumers possess the hardware, manufacturers assert ownership of the software, citing intellectual property rights as justification. This results in substantial obstacles to repair that hinder people from easily fixing their devices. This paper looks into the tension between the Right to Repair and intellectual property rights like patents, copyrights, and trademarks. Manufacturers maintain that protecting their intellectual property is essential for driving innovation and ensuring safety for consumers. On the other hand, supporters of the Right to Repair argue that there should be exceptions for the greater good. They believe allowing repairs can extend the life of products and cut down on waste, which ultimately helps the environment. The article also examines various legislative efforts in the U.S., India, Australia, and the European Union that support the Right to Repair. For example, Massachusetts became the first state to enact a law that requires manufacturers to share repair information with independent shops. In India, there is a push for laws that find a balance between intellectual property rights and consumer rights, aiming to disclose repair information without harming creators' interests. This analysis highlights the necessity for a balanced approach that takes into account both innovation and consumer rights. By requiring the disclosure of repair information while protecting creators, policymakers can encourage innovation and accessibility. Such a system should maintain intellectual property protections without compromising their purpose.
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Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 9
  • PageNo: 478-485

A critical Analysis of the conflict between the Right to repair and Intellectual Property Rights.

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