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Repair or Protection? The Conflict between the Right to Repair and Software Copyright in EU Law

Biasco, Diana LU and Leiti, Bence (2026) HARN63 20261
Department of Business Law
Abstract (Swedish)
This thesis assesses the efficiency of the EU Law’s balancing act between the software developers’ copyright protection on their respective computer programs and the software users’ right to repair their defected software based devices. This research necessitates an EU legal method, implying the comprehensive analysis of EU legislation and the case law of the Court of Justice of the European Union, as well as the interpretation of scholarly works and key EU doctrines, all through the lens of emerging sustainability considerations and policy objectives towards circular economy transformation.
In that regard, the thesis aims to answer the question whether EU’s copyright protection for computer programs limit the right to repair... (More)
This thesis assesses the efficiency of the EU Law’s balancing act between the software developers’ copyright protection on their respective computer programs and the software users’ right to repair their defected software based devices. This research necessitates an EU legal method, implying the comprehensive analysis of EU legislation and the case law of the Court of Justice of the European Union, as well as the interpretation of scholarly works and key EU doctrines, all through the lens of emerging sustainability considerations and policy objectives towards circular economy transformation.
In that regard, the thesis aims to answer the question whether EU’s copyright protection for computer programs limit the right to repair software-dependent products, and in the affirmative, how EU law should be amended in order to adequately address any existing imbalance between conflicting interests.
As far as the results of our research are concerned, we conclude that despite the EU’s balancing aspirations, the conflicting policy interests and the existing inconsistencies of EU legislation require a thorough revision and amendment of EU law. At the end of our research, we summarise our recommendations and possible solutions as well in this regard. (Less)
Please use this url to cite or link to this publication:
author
Biasco, Diana LU and Leiti, Bence
supervisor
organization
course
HARN63 20261
year
type
H1 - Master's Degree (One Year)
subject
keywords
Right to Repair, EU Copyright Law, Software-Dependent Products, Circular Economy, Intellectual Property Law, Technological Protection Measures (TPMs).
language
English
id
9238309
date added to LUP
2026-06-15 12:10:51
date last changed
2026-06-15 12:10:51
@misc{9238309,
  abstract     = {{This thesis assesses the efficiency of the EU Law’s balancing act between the software developers’ copyright protection on their respective computer programs and the software users’ right to repair their defected software based devices. This research necessitates an EU legal method, implying the comprehensive analysis of EU legislation and the case law of the Court of Justice of the European Union, as well as the interpretation of scholarly works and key EU doctrines, all through the lens of emerging sustainability considerations and policy objectives towards circular economy transformation.
In that regard, the thesis aims to answer the question whether EU’s copyright protection for computer programs limit the right to repair software-dependent products, and in the affirmative, how EU law should be amended in order to adequately address any existing imbalance between conflicting interests.
As far as the results of our research are concerned, we conclude that despite the EU’s balancing aspirations, the conflicting policy interests and the existing inconsistencies of EU legislation require a thorough revision and amendment of EU law. At the end of our research, we summarise our recommendations and possible solutions as well in this regard.}},
  author       = {{Biasco, Diana and Leiti, Bence}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Repair or Protection? The Conflict between the Right to Repair and Software Copyright in EU Law}},
  year         = {{2026}},
}