Industrial Property Rights in Circular Economy: Challenges and Opportunities

Starting from the latest steps of the European legislator on the circular economy, this work moves in two directions. The first is to examine the challenges presented by intellectual property rights in the spare parts sector, specifically addressing issues related to trademarks and patents. The study then turns to the repair sector, assessing the constraints faced by the exhaustion doctrine when applied to IP-protected products undergoing repair. The analysis aims to propose solutions by reevaluating the current system and advocating for a more nuanced balance of competing interests, taking into account the goals of circularity. In this context, it pays special attention to the existing limitations within the trademark legislative framework, highlighting how their restrictive interpretation, particularly in the context of spare parts, conflicts with the circular economy's objectives. Furthermore, the study scrutinizes the criteria used to differentiate lawful and illicit repair activities involving IP-protected products, often relying on arbitrary factors. It also investigates the limitations of applying the exhaustion doctrine to manipulated products, proposing a potential revision of its scope. Throughout this examination, emphasis is placed on the importance of general clauses, such as fair commercial practices, as regulatory principles that can effectively harmonize the various interests at stake.