Many consumers especially owners of electronic devices—often experience difficulties when their products break. Most of the time, repairs can only be done by the original manufacturer or its authorized service centers. This practice has been criticized as monopolistic, costly for consumers, and environmentally unsustainable due to the waste it generates.
This pushback has led to the emergence of the Right to Repair Movement, which has gained momentum in the United States and Europe. The concept promotes the right of consumers to repair and modify their products freely, without restrictions from the manufacturers. While it primarily concerns consumer protection, the issue directly intersects with Intellectual Property (IP) law, particularly in jurisdictions like the US, EU, and even Intellectual Property Indonesia.
The IP Law Perspective: A Legal Gray Area
In many countries, IP laws limit product modifications. For instance, the U.S. Digital Millennium Copyright Act (DMCA) prohibits circumventing technological protection measures embedded in copyrighted works, including electronic devices.
Manufacturers often defend repair restrictions by citing the risk of IP infringement and counterfeiting. Most modern products are protected under patents, trademarks, or copyrights. They argue that unauthorized repairs could violate these protections or compromise product integrity. Additionally, concerns about safety risks, substandard parts, and potential legal liabilities further reinforce this position.
This issue presents a complex dilemma for legal professionals, including those working in an IP law firm in Indonesia, where the boundaries between consumer rights and intellectual property protections continue to evolve.
IP Exhaustion and the Right to Repair
A key IP principle relevant to this discussion is IP exhaustion or the first-sale doctrine. Once a product is lawfully sold, the IP owner’s control over that item is “exhausted,” meaning they can no longer dictate how the buyer uses or resells it.
This principle was tested in the UK case Schütz v. Werit [2013] UKSC 16. Schütz, a licensee of a patent for a container (IBC), sued Delta for patent infringement after Delta replaced worn-out parts using components from Werit. The legal question was whether replacing parts constituted “making” a new patented product or simply repairing the existing one.
The UK Supreme Court outlined key factors to determine whether a repair crosses the line into infringement, such as:
- Whether the replaced part is minor and perishable
- Whether it has a shorter lifespan than the rest of the product
- Whether the part embodies the inventive aspect of the patent
The Court ruled in favor of Delta, stating the repair did not infringe the patent. This case continues to be a reference point for lawyers and consultants, including those offering Indonesia patent search and enforcement support.
EU’s Right to Repair Directive
To formalize the Right to Repair, the EU has introduced the Right to Repair Directive (R2RD), set to come into force by mid-2026. This new framework builds upon existing rules under the Sale of Goods Directive and Ecodesign Regulations, and introduces mandatory obligations for manufacturers—even after warranty periods end.
Key highlights of the R2RD:
- Manufacturers must offer repairs at no cost or reasonable prices unless deemed “impossible”
- Spare parts must be provided, and third-party repairs must be permitted
- Clear pricing info must be given to consumers
- An online platform will be launched to connect consumers with repairers and refurbished goods
- The liability period is extended by 12 months when consumers choose to repair
- The regulation applies to imported goods; if manufacturers lack an EU representative, importers will bear the responsibility
This directive is part of the EU’s Circular Economy Action Plan, targeting sustainability and consumer empowerment, and may serve as a reference for jurisdictions like Indonesia, where similar frameworks are still underdeveloped.
How About Indonesia?
Currently, Indonesia does not recognize an explicit “right to repair” under its law. However, several regulations indirectly support consumer repair rights:
- Consumer Protection Law No. 8/1999 (UUPK) mandates businesses to provide repair, replacement, or compensation for defective goods
- Minister of Trade Regulation No. 38/2019 requires after-sales service and availability of spare parts during the warranty period
- Minister of Industry Regulation No. 34/2020 sets product and service standards related to repair
While these laws offer some consumer protection, they do not guarantee consumers’ independent right to repair their own products or ensure long-term access to spare parts and repair manuals.
This legal gap highlights the need for ongoing policy development in Intellectual Property Indonesia, especially as the country advances in digital infrastructure, manufacturing, and e-commerce. It also presents an opportunity for firms like ours—an established IP law firm in Indonesia—to assist stakeholders in navigating emerging regulatory needs, especially in matters related to Indonesia trademark registration, patent law, and copyright infringement Indonesia.
Conclusion
Whether you’re a manufacturer managing patents, a policymaker, or simply a consumer, the Right to Repair is an evolving issue that sits at the intersection of consumer rights, IP protection, and sustainability.
As Indonesia’s IP ecosystem continues to develop, understanding global trends and preparing your business with legal guidance is key. For advice on patents, trademarks, copyrights, or working with a litigation lawyer in Jakarta, reach out to our expert team.
Contact us at ambadar@ambadar.co.id our dedicated team of Indonesia IP consultants and legal professionals are ready to assist you.
