Nonetheless, this Article holds that intellectual property laws should not be used to inhibit the right to repair from being fully implemented. In support of this claim, this Article develops a theoretical framework that justifies the right to repair in a manner that is consistent with intellectual property protection. Based on this theoretical foundation, this Article then explores, for the first time, the various intellectual property rules and doctrines that may be implicated in the context of the current repair movement. As part of this analysis, this Article identifies areas where intellectual property rights could prevent repair laws from being fully realized, even if some of the states pass the legislation, and recommends certain reforms that are necessary to accommodate the need for a right to repair and enable it to take hold.
Fordham Law Review