| Abstract: |
Refereed Article. Matthew Rimmer, 'Shane Rattenbury, the Productivity
Commission, and the Right to Repair: Intellectual Property, Consumer Rights,
and Sustainable Development in Australia' (2023) 37 (3) Berkeley Technology
Law Journal 989-1056. This Article tells the story of the fight for the right
to repair in Australia. It is intended to complement comparative research
elsewhere, looking at the right to repair in the United States and Canada; the
United Kingdom, Switzerland, and the European Union; and other jurisdictions,
such as South Africa. Part II of this paper considers the politics of the
right to repair in Australia. It explains how Australian Capital Territory
(ACT) Attorney-General Shane Rattenbury has sparked a larger law reform
inquiry by the Productivity Commission into the right to repair. It highlights
how Australia is particularly promising in terms of law reform – due to an
unusual consensus amongst the major political parties across the usual
divides. Part III focuses on the debate over intellectual property and the
right to repair in Australia, and the recommendations of the Productivity
Commission. It argues that there needs to be more than just copyright law
reform; there should be matching reforms in designs law, trade mark law,
patent law, trade secrets, and data protection. Part IV considers the
recommendations of the Productivity Commission regarding consumer law and
competition policy. It highlights the need for further law enforcement action
to protect the right to repair. Part V explores the discussion about the right
to repair in the context of sustainable development–looking at submissions on
e-waste, the circular economy, and sustainable development. It contends that
there should be greater law reform in these areas (going well beyond the
limited recommendations of the Productivity Commission in this area). Part VI
concludes by noting that the Productivity Commission has asked for action in
particular markets in respect of automobiles, agricultural machinery, and
tablets. The Article calls for the Australian Parliament to go further and
recognise a more broadly based right to repair. Such a recognition will
require a holistic approach, involving reforms to intellectual property laws,
consumer rights and competition policy, and regulation of the environment and
sustainable development. It maintains that it is necessary that the
jurisdiction of Australia keep pace on the right to repair with its
comparative partners. |