Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/315866 
Year of Publication: 
2024
Citation: 
[Journal:] IIC - International Review of Intellectual Property and Competition Law [ISSN:] 2195-0237 [Volume:] 55 [Issue:] 5 [Publisher:] Springer [Place:] Berlin, Heidelberg [Year:] 2024 [Pages:] 762-773
Publisher: 
Springer, Berlin, Heidelberg
Abstract: 
Repair, refill and recycle (in the following: repair) of physical goods is a necessity and a convenience – mending is better than ending, at least for the consumer. Where the goods to be repaired are patented, the question arises whether such act of repair infringes the patent, and under what conditions. There are different approaches by national courts on this matter, and it will eventually be the task – and the chance – of the Unified Patent Court to find its own solution to this issue. The author in this regard proposes a three-step test.
Subjects: 
Right to repair
Patent infringement
Exhaustion
Unified Patent Court
Physical and intellectual property
Implied licence
Persistent Identifier of the first edition: 
Creative Commons License: 
cc-by Logo
Document Type: 
Article
Document Version: 
Published Version

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