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Balancing Intellectual Property Rights and Sustainability - Legal criteria for sustainable reuse, repair and refurbishment of IP-protected goods, and how to assess them

Bespalova, Natalia LU (2024) HARN63 20241
Department of Business Law
Abstract
This thesis explores the intersection of intellectual property rights (IPRs) and
sustainability, particularly focusing on the repair, reuse, refurbishment, recycling,
and upcycling of IP-protected goods. The lack of a defined legal framework
specifically addressing the balance between IPRs and sustainable practices in the
European Union forms the core of this investigation. The study proposes a
framework of objective, measurable criteria to assess when the reuse and repair of
goods do not infringe on the IP rights of the original creators, facilitating a
sustainable use of resources while protecting intellectual property.
Through doctrinal research and analysis of EU case law and legislation, this thesis
examines existing barriers... (More)
This thesis explores the intersection of intellectual property rights (IPRs) and
sustainability, particularly focusing on the repair, reuse, refurbishment, recycling,
and upcycling of IP-protected goods. The lack of a defined legal framework
specifically addressing the balance between IPRs and sustainable practices in the
European Union forms the core of this investigation. The study proposes a
framework of objective, measurable criteria to assess when the reuse and repair of
goods do not infringe on the IP rights of the original creators, facilitating a
sustainable use of resources while protecting intellectual property.
Through doctrinal research and analysis of EU case law and legislation, this thesis
examines existing barriers posed by IPRs to sustainable practices and suggests
modifications to the current legal frameworks to better support sustainability. It
argues that the existing legal apparatus often prioritizes the protection of IPRs at the
expense of environmental and societal well-being. By integrating case studies and
legal analysis, the research highlights how a more nuanced application of IP law can
contribute to a circular economy, where repair and sustainability are not only
encouraged but also legally facilitated.
This thesis contributes to academic and practical discussions on the potential for IP
law to adapt to the demands of sustainable development. It proposes specific criteria
that could be used by judicial bodies to assess the legality of repairing and
refurbishing IP-protected goods, thereby providing legal clarity and support for
sustainability-oriented practices (Less)
Please use this url to cite or link to this publication:
author
Bespalova, Natalia LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Intellectual Property Rights, Sustainability, Right to Repair, EU Law, Circular Economy, Consumer Rights.
language
English
id
9158509
date added to LUP
2024-06-10 09:52:24
date last changed
2024-06-10 09:52:24
@misc{9158509,
  abstract     = {{This thesis explores the intersection of intellectual property rights (IPRs) and
sustainability, particularly focusing on the repair, reuse, refurbishment, recycling,
and upcycling of IP-protected goods. The lack of a defined legal framework
specifically addressing the balance between IPRs and sustainable practices in the
European Union forms the core of this investigation. The study proposes a
framework of objective, measurable criteria to assess when the reuse and repair of
goods do not infringe on the IP rights of the original creators, facilitating a
sustainable use of resources while protecting intellectual property.
Through doctrinal research and analysis of EU case law and legislation, this thesis
examines existing barriers posed by IPRs to sustainable practices and suggests
modifications to the current legal frameworks to better support sustainability. It
argues that the existing legal apparatus often prioritizes the protection of IPRs at the
expense of environmental and societal well-being. By integrating case studies and
legal analysis, the research highlights how a more nuanced application of IP law can
contribute to a circular economy, where repair and sustainability are not only
encouraged but also legally facilitated.
This thesis contributes to academic and practical discussions on the potential for IP
law to adapt to the demands of sustainable development. It proposes specific criteria
that could be used by judicial bodies to assess the legality of repairing and
refurbishing IP-protected goods, thereby providing legal clarity and support for
sustainability-oriented practices}},
  author       = {{Bespalova, Natalia}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Balancing Intellectual Property Rights and Sustainability - Legal criteria for sustainable reuse, repair and refurbishment of IP-protected goods, and how to assess them}},
  year         = {{2024}},
}