IP Implications on the Use of 3D Printing for Repair Purposes: An EU Perspective on the Need to Align the IP System with the Circular Economy

Although there is an important focus on the development of a so-called “right to repair”, repair activities can lead to IP infringement. This thesis builds on existing doctrine and literature regarding repair and IP but focuses on the use of 3D printing and its connection to the circular economy. 

3D printing possesses great potential for repair activities and the circular economy, by offering digital storage, the production and diffusion of spare parts, as well as local and on-demand production. These aspects have been recognised on the legislative sphere in Art. 5(6) Repair Directive, which allows for the use of 3D printing for producing spare parts as long as those comply with safety aspects and IP protection. Regarding the latter, the question of repairs and IP rights becomes more pressing, especially in light of the promotion of the circular economy. With the use of 3DP new questions arise about the possibility of IP infringement, thus possible barriers to its use for repair purposes. This thesis dives into this addition to the EU legal framework and its real applicability, since there is a need to clarify how this can be done and under which conditions.