Reuse of Goods by Upсycling in the Context of Intellectual Property Law

The article analyzes the legislative approaches and positions of the courts regarding the legality of the creative transformation of branded goods introduced into civil circulation with the consent of the copyright holder. The subject of the study is the analysis of the possibility of using the doctrine of exhaustion of rights in relation to the reuse of goods for the purposes of upcycling. It is concluded that the concept of intellectual property in most countries provides copyright holders with a monopoly on control over changes, including recycling and reuse, which hinders the development of upcycling as an environmentally oriented initiative. It is proposed to introduce the institution of compulsory licensing for the use of intellectual property objects for upсycling purposes.

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Publication Details

Journal
Economic problems and legal practice
Published
2025-03-20
DOI
https://doi.org/10.33693/2541-8025-2025-21-1-93-98
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

Reuse of Goods by Upсycling in the Context of Intellectual Property Law

Ekaterina A. Sviridova
Economic problems and legal practice
Law, AI, and Intellectual Property
article

Reuse of Goods by Upсycling in the Context of Intellectual Property Law

Ekaterina A. Sviridova
article en

Abstract

The article analyzes the legislative approaches and positions of the courts regarding the legality of the creative transformation of branded goods introduced into civil circulation with the consent of the copyright holder. The subject of the study is the analysis of the possibility of using the doctrine of exhaustion of rights in relation to the reuse of goods for the purposes of upcycling. It is concluded that the concept of intellectual property in most countries provides copyright holders with a monopoly on control over changes, including recycling and reuse, which hinders the development of upcycling as an environmentally oriented initiative. It is proposed to introduce the institution of compulsory licensing for the use of intellectual property objects for upсycling purposes.

Economic problems and legal practiceVol. 21(1)
Financial University (RU)
Openalex Percentile: Top 98%
Law, AI, and Intellectual Property
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