right to repair

The US state of New York recently passed the Fair Repair Act, which requires manufacturers to supply repair information, tools and parts to independent repair shops, not just their own stores or partners. It entitles consumers to repair and refurbishment of their purchased goods. With access to relevant equipment and repair manuals, independent repair shops will eventually be able to compete with manufacturers. While this is a victory for consumer rights, privacy, safety and quality concerns as well as infringement of manufacturers’ open intellectual property (IP) rights cannot be overstated.

What should be the scope of the right?

The scope of the right can be determined only in the domestic context of the country. We use complex machinery than in the past. For example, air conditioners have largely replaced fans and coolers. An entire repair class is, in fact, deprived of its right to do business because it does not have the tools, parts, guidelines and technical know-how to repair these high-tech products. Furthermore, the lack of certification/license of repair workers is seen as a reflection of their lack of skills. But a repair certification/license can be allotted to those who pass certain criteria and skill tests. Apart from protecting their right to livelihood, this can prove beneficial as tech companies are required to share their repair manuals with certified technicians.

Manufacturers claim that product quality and functionality may be adversely affected if they allow repairs by consumers and third parties. These claims are not baseless, because in the absence of supervision, who will ensure the quality of spare parts and even the technology of repair? The fear of manufacturers is so strong that they include warranty clauses that expire when a third party repairs the product. While essential clauses may be included to maintain product quality, a blanket discount should be avoided. For example, a quality assurance clause may be included for the use of company-recommended spare parts and certified repair shops. Providing repair manuals to certified business owners can go a long way in striking a balance between the rights of consumers and those of manufacturers.

Additionally, manufacturers can sign a non-disclosure agreement with certified repairmen/businesses to protect the IP. Customers with access to genuine parts may also contact independent repair providers who may provide their own warranty, not the original manufacturer’s warranty. It aims to protect the rights of all stakeholders.

Adequacy of Consumer Protection Act

Often, manufacturers reduce the durability of the product, forcing consumers to either repurchase the product or get it repaired at exorbitant prices charged by the manufacturers. In particular, it tramples on the right to obtain information about product quality, the right to purchase products at fair prices and the right to seek redress against dishonest practices. When read closely, the ‘right to repair’ can be said to be contained in section 2(9) of the Consumer Protection Act, 2019. This gives some relief. Its clear disregard deserves to explicitly include the ‘right to repair’ clause in the said provision. This will make consumers more aware, provide teeth for an already implied right, and help pass on repair-related obligations to various stakeholders, including policy recommendations, relevant amendments, and even a specific legislation. which includes the right to repair in order to implement it better.

For example, the product liability clause under section 84 may be modified and expanded to apply product liability relating to various reusable parameters of the product. France requires manufacturers to display a repairability index on their products which consists of five parameters. This helps consumers understand whether products are repairable, difficult to repair or not repairable at all. The period for which the product liability is enforced may vary depending on the product and its longevity. Here, we can rely on the EU guidelines on ecodesign for energy-related products and the Energy Information Regulations, 2021, which mandates manufacturers to provide spare parts for up to 10 years to avoid premature obsolescence. Is.

The New York law is a reminder that it is time to not only acknowledge consumers’ right to repair, but also respond to manufacturers’ respective rights. It guarantees some quick policy changes to recognize the ‘right to repair’, whether through an amendment to the Consumer Protection Act, 2019 or through a separate law.

Varshika is a Research Associate at Rajiv Gandhi National University of Law, Punjab and a Research Scholar at Mehak Bajpayee National Law University, Delhi. GS Bajpai, Vice Chancellor of Rajiv Gandhi National Law University, Punjab contributed to this piece