‘Freedom to Repair’ under Trade Mark and Patent Law – A More Ecological Approach to Industrial Property Rights?

Abstract This article discusses the role of trade mark and patent law in relation to the right to repair. Against the backdrop of the ‘Repair Directive’, it examines the limits set by trade mark and patent law, to the right to repair. Challenges and obstacles to the ‘freedom to repair’ are determined with regard to both legal areas with a focus on the EU trade mark and the Unitary Patent. Conclusions are developed with regard to a more ecological approach to trade mark and patent rights under current legislation. Specifically, the Unified Patent Court will have to develop solutions that will shape the freedom to repair. The impact of changing consumer expectations in the era of sustainability is stressed for both legal areas and useful starting points for supporting secondary markets under future legislation are identified.