A Submission to the Productivity Commission Inquiry on the Right to Repair

Abstract

The Productivity Commission is to be congratulated for producing a comprehensive discussion paper on the complex and tangled topic of the right to repair. Taking an interdisciplinary, holistic approach to the issue, the Productivity Commission shows a strong understanding that the topic of the right to repair is a multifaceted policy issue. Its draft report covers the fields of consumer law, competition policy, intellectual property, product stewardship, and environmental law. The Productivity Commission displays a great comparative awareness of developments in other jurisdictions in respect of the right to repair.The policy body is also sensitive to the international dimensions of the right to repairparticularly in light of the United Nations Sustainable Development Goals. The Productivity Commission puts forward a compelling package of recommendations, which will be useful in achieving law reform in respect of the right to repair in Australia. Recommendation 2There is a strong body of evidence that intellectual property restrictions do impact upon the right to repair. The evidence is more than merely anecdotal or patchy (as suggested by Draft Finding 5.1). There has been threats of litigation in respect of copyright relating to repair manuals. The High Court of Australia and the Australian Parliament have expressed concerns about the breadth of technological protection measures. There has been major litigation over the spare parts exception under designs law. There has been major litigation over patent law, and the distinction between repair and refurbishment. There has been policy discussion about repair information and trade secrets -resulting in action by Treasury and the Australian Parliament. Recommendation 3This submission agrees with draft finding 5.1 that 'copyright laws that prevent third-party repairers from accessing repair information (such as repair manuals and diagnostic data) appear to be one of the more significant intellectual property-related barriers to repair.' The submission would also contend that other forms of intellectual property do also create significant barriers to repair, which need to be addressed by policy-makers.