Untapping Patents to Promote a European Right to Repair: From Exhaustion to Compulsory Licensing

Abstract Achieving sustainability transitions requires both legal reforms and changes in production and consumption habits. The ‘Right to Repair’ (RtR) movement supports sustainability by allowing buyers to repair products and extend their lifespan, promoting a circular economy. However, the RtR faces challenges from intellectual property rights (IPR), which can restrict access to spare parts or repair information, raising concerns about potential IPR infringements during repairs. This paper focuses specifically on patent rights and explores the tension between the RtR and patents in the EU context. It examines previously discussed IPR tools relevant for the RtR, like the exhaustion doctrine, which limits intellectual property (IP) after a product is sold, but also takes a step further and considers how compulsory licensing could further support repair rights. The paper argues for adapting patent laws to balance sustainability goals with IP protection, suggesting that both exhaustion and compulsory licensing could help strengthen the RtR while respecting patent holders’ interests.