Navigating the Right to Repair, Manufacturers' Use of IP Law to Impede Claims, Potential Anti-Competitive Effects

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 14, 2023 (in 10 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE webinar will guide IP counsel on right to repair claims and the use of IP laws to hinder the right to repair. The panel will address trademark, copyright, and trade secret law, as well as recent enforcement actions and guidance form the Federal Trade Commission, and the implications of each on right to repair claims. The panel will also discuss the manufacturers' procompetitive justifications for denying repair rights and whether the restrictions have potential anti-competitive effects. The panel will offer best practices for companies navigating the right to repair regulatory landscape.

Description

The right to repair products is essential, but some have claimed that manufacturers have put up roadblocks for consumers to do so. Whether limiting access to service manuals or relying on IP laws and licenses, manufacturers have made it very difficult for consumers to repair products without using the manufacturer's designated provider of such services.

For example, many manufacturers require licensing agreements that include that the materials licensed are protected by copyright law. Under the DMCA, conduct that sidesteps technological protection measures safeguarding the copyrighted works is punishable. Licensing agreements also state that licensed materials are also protected by trade secret laws and preclude the licensee from modifying or reverse engineering the product or part, which is often required to repair it.

Manufacturers also contend that if non-authorized service providers work on their products there is an increased likelihood that trade secrets would be exposed and thereby put the original equipment network at risk. This conduct raises concerns about anti-competitive behavior.

Listen as our authoritative panel of IP and consumer protection attorneys examines right to repair claims and the use of IP laws to hinder the right to repair. The panel will address trademark, copyright, and trade secret law, Federal Trade Commission enforcement actions and guidance, and the implications of each on right to repair claims. The panel will also discuss the manufacturers' procompetitive justifications for denying repair rights and the potential anti-competitive effects. The panel will offer best practices for companies navigating the right to repair.

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Outline

  1. Right to repair claims
  2. Using IP rights to impede the right to repair
    1. Trademark
    2. Trade secret
    3. Copyright
  3. Federal Trade Commission enforcement actions and guidance
  4. Manufacturer justifications and anti-competitive effects
  5. Best practices for navigating the right to repair

Benefits

The panel will review these and other essential matters:

  • What are the IP ramifications for a right to repair?
  • What potential anti-competitive effects do the manufacturer's restrictions have on the market?
  • What steps can counsel take to navigate the right to repair?

Faculty

Carroll, John
John D. Carroll

Partner
Sheppard Mullin

Mr. Carroll’s practice focuses on civil and criminal antitrust matters, including mergers and acquisitions,...  |  Read More

Hartline, Devlin
Devlin Hartline

Legal Fellow
Hudson Institute Forum for Intellectual Property

Mr. Hartline’s research agenda spans a broad spectrum of doctrinal and political issues in intellectual...  |  Read More

Murray, Daniel A.
Daniel A. Murray

Attorney
Frost Brown Todd

Mr. Murray focuses his practice on all areas of intellectual property law. He has worked in various transactional...  |  Read More

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