ACIPR Logo

Alliance Center for
Intellectual Property Rights


RIGHT TO REPAIR – AN INTELLECTUAL PROPERTY DEBATE?

March 1, 2023

* Mr. Ankesh

The talks around the Right to Repair have been gaining momentum, although at a slower pace, and have seen the response to it in the same manner. Protection of Intellectual Property Rights is a defence propagated against the Right to Repair by some. However, it is essential to understand that though both the related terms cover different aspects of the law, variance is at a higher altitude, and this is where the conflict arises. The main area of conflict is the production and availability of spare parts of products in the market.

To understand this, we need to understand that whenever we buy any electronic device, it is built up of various smaller components, and in case of a breakdown of the device, those parts can be changed, if possible, to make the device work again. The various components of the device might or might not be available depending upon the market conditions, and one cannot reasonably expect to get components of a device which is 10-15 years old but can expect components for relatively newer devices which are sold in the past 2-5 years. The issue regarding Intellectual Property arises because the manufacturer of that device either does not want the schematics of the machine which is being sold in the market to be out as other manufacturers could copy the design and, thus, wants only its authorised serviceman to work on the product. However, over the years this argument has not made much sense because most of the machines can be easily taken apart and their schematics could be ready by any expert. The other Intellectual Property Rights issue arises when the company stops producing the spare parts, but still holds the Intellectual Property Rights to the spare part, and thus other manufacturers cannot replicate the exact same parts required for the repairing process.

The right-to-repair movement mainly addresses the second issue where certain companies stop making the spare part relatively earlier than expected and, thus, the customers are unable to get the spare parts. Even when they make spare parts sometimes one can only get the spare parts from an authorised store making the purchase expensive. It is reasonable to expect companies to make such arrangements of limitations when giving out spare parts regardless of those limitations cannot be unreasonable in the eyes of a normal person. The debate around this is similar to what is of access to medicine and patents, where international organisations have tried to strike a balance to achieve the goals of both sides. As such, any legislation in India does not exist, but judicial precedents have been at the forefront of such issues. The CCI had heard a matter with perspective to automobiles in Shamsher Kataria v. Honda Siel Cars and held that the practice by the automobile companies to sell spare parts through the authorised sellers, and not giving access to such parts to independent repairers was wrong.

The State of New York in the US has come up with a model set of legislations to be implemented to protect the Right to Repair. The Digital Fair Repair Act grants the Right to Repair to the customers and the manufacturers of digital electronic equipment are mandated by the new law to provide independent repair shops with access to parts, tools, and technical information necessary for diagnosing, maintaining, and repairing their products. This should be done on fair and reasonable terms, comparable to what the manufacturer provides to its authorized repair shops. Consumers also have the right to access these resources for their products, giving them the option to repair their products themselves if they desire.

Similarly, India also plans to bring right-to-repair legislation, while new start-ups such as Astore come up which are vocal about such rights. The committee set up by the government is yet to present a public insight into their position on the Right to Repair, but it is expected to be on the lines of the global standard like the New York legislation. The current legislations in India doesn’t specifically cover such situations, however, the Copyright Act and the Patent Act are clear about the protection of Intellectual Property Rights except in certain situations where the user can be authorised by the proper authority.

The Right to Repair movement has also become a social issue, where it has been brought up that the environment can benefit a lot if the electronics waste is reduced, which can be achieved by increasing the lifespan of such products. The companies have found a way to make money by limiting the age of devices by not having spare parts with them, thus increasing profits for them. This burdens the environment essentially as frequent change of devices is required. Having more durable and fixable devices can solve this issue in general. Therefore, the Right to Repair becomes an important issue however, the Intellectual Property Rights aspects of the same cannot be overlooked. The government which is already working on the legislation should consider the above factors for effective implementation of the Right to Repair.

References:
  1. Shamsher Kataria v. Honda Siel Cars, (2014) SCC OnLine CCI 95: [2014] CCI 26.
  2. New York’s Right to Repair, https://cdt.org/insights/new-yorks-new-right-to-repair-law-a-victory-roadmap-for-action (Jan. 28, 2023).
  3. Interview: Dr. Sanjay Gandhi on Astore, a Right to Repair-aligned Electronics and Multi-Brand Mobile Repair Studio, https://indiacsr.in/interview-dr-sanjay-gandhi-on-astore-a-right-to-repair-aligned-electronics-and-multi-brand-mobile-repair-studio/ (Jan. 28, 2023).
  4. Department of Consumer Affairs sets up committee to develop comprehensive framework on the Right to Repair, https://pib.gov.in/PressReleasePage.aspx?PRID=1841403 (last visited Jan. 28, 2023).
  5. Why should Indian consumers be given the Right to Repair?, https://www.financialexpress.com/money/why-is-the-right-to-repair-essential-in-india/2623127/ (Jan. 28, 2023).
Author:

* Mr. Ankesh
4th year Student - B.B.A. LL. B.(Hons.)
National Law University, Odisha

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.