Right-to-Repair, Product Durability and Obsolescence: A Legal Perspective

A growing worldwide consensus is that action is required to improve product durability. Equipment such as motor vehicles, farm and construction equipment, and consumer products have become more sophisticated, as have the cost and complexity of repairs. Manufacturers may restrict access to repair manuals, software upgrades and spare parts. Alternatively, the product design may preclude ready access to undertake repairs. The article explores the concepts of right-to-repair, product durability and obsolescence, and the protection of consumer rights. The European Union (EU) is arguably at the forefront of the consumer protection movement. It has introduced many initiatives that have been adopted, wholly or in part, by nations worldwide. The key EU initiatives in response to the "right-to-repair and "product durability and obsolescence" movements are described and analyzed. It was found that the EU initiatives and legislation are consumer-centric and provide a template for such legislation in other jurisdictions. One area of the EU initiatives that should be addressed is surrounding product recycling. As far as possible, sellers, producers and specialist recycling companies should be prohibited from exporting their waste to another country and must meet the best workplace safety and environmental protection practices. As recommended by the EU, governments should encourage the reuse of products and the setting up of systems promoting repair and reuse activities. Finally, the authors recommend an enhanced research program to allow the recycling of consumer "waste" on an industrial scale.