Not-so-great expectations of the EU Directive 2024/1799 promoting repair and its nexus with IP protection

Abstract Increasing the affordability of repair choices and participation of independent service providers is at the core of the recently adopted Directive 2024/1799 on common rules promoting the repair of goods, which is part of the EU legislative agenda fostering the transition to a competitive, climate-neutral and circular economy. This article takes a critical look at the scope of the Directive 2024/1799 and specifically into the ‘obligation to repair’ and its relationship with the protection of intellectual property (IP). The obligation to repair binds primarily manufacturers of certain type of products, namely those under ‘repairability requirements’ that are laid down by a distinct body of regulatory measures. Its goal is to facilitate access to spare parts, repair tools and manuals so that a wider choice of repair options is available to consumers. The article analyses the mandatory nature of the obligation to repair and its practical consequences. The main shortcoming identified is derived from the legal possibility conferred on manufacturers to impede repair by various means if justified by the protection of IP. The article focuses on the issues of ‘spare parts’ and ‘repair’ to demonstrate the difficulty of meeting the IP-compliance requirement if a party that uses a spare part within the ambit of the ‘obligation of repair’ under Directive 2024/1799 were to relate to the design repair clause. This example supports the argument that the most likely effect of the Directive 2024/1799 is that repairing products set under the repairability requirements will be possible on the market yet will remain under the terms and control of the manufacturers.