Skip to main content Accessibility help
×
Hostname: page-component-6bf8c574d5-mggfc Total loading time: 0 Render date: 2025-02-15T12:04:53.087Z Has data issue: false hasContentIssue false

10 - The Right to Repair, Intellectual Property, Exhaustion, and Preemption

from Part II - The Implications of Emerging Product Design and Business Models

Published online by Cambridge University Press:  08 February 2025

Stacy-Ann Elvy
Affiliation:
University of California, Davis
Nancy S. Kim
Affiliation:
Chicago-Kent College of Law
Get access

Summary

The right to repair not only has important consumer value by preserving the useful life of existing products, but it also has additional and important social value by conserving natural resources and reducing pollution. However, the consumer right to repair in recent years has come under threat through the overextension by intellectual property (IP) doctrines that avoid current limits on antitrust liability by leasing or licensing rather than selling products to avoid “exhausting” IP rights and by applying IP rights to smaller portions of overall sold products, thereby treating parts rehabilitation or parts supply as prohibited acts of making or importation. Constitutional conflicts preemption might address some of these concerns, but federal legislation also is needed to protect consumers’ right to repair their purchased products.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×