Browsing by Author "Tervas, Krista"

Many environmental problems can be linked to increased consumption, such as the depletion of natural resources and increasing amounts of waste. The consumption-led market has led to a linear economy model, which reflects the principle of take-make-consume-waste, meaning that large amounts of materials are extracted from the environment and prepared into products which are then disposed at the end of their life cycle. Currently, there is increasing discussion of the circular economy as a replacement for the linear model and the opportunities it offers to tackle environmental challenges and preserve the Earth’s capacity for future generations. The circular economy model is based on the idea of reduce, reuse and recycle and it aims to extend the life cycle of products and minimise waste by reusing and recycling existing materials and resources. One of the key principles of the circular economy is the concept of right to repair, which objectives is to increase the repairability of products so that less resources are needed in manufacturing and less waste is generated. However, circular economy is not regulated in private law, such as intellectual property law. Although intellectual property rights have also a remarkable role in promoting sustainability and circular economy due to their impact on technological innovation and business, they may sometimes hinder the appropriate implementation of the right to repair. This is the case with trademarks, for example, because the exclusive right of a trademark may hinder a third-party repairer’s ability to repair a trademarked product. Because the European Union has in recent years adopted many policies and regulations with an aim to promote the circular economy, it is important to balance the interests of the right to repair and trademark protection in order to achieve a balanced solution which allows both the appropriate repair of products and the proper protection of trademarks in order to support the development of new innovations.