The Repair Clause and the software-intensive assets 2025-04-16
In a groundbreaking development, the European Union recently passed the "Repair Clause," giving consumers the right to repair their physical goods. This is a historic step forward in the circular economy and sustainability movement, aimed at reducing waste and promoting the longevity of products. But while this legislation tackles the repair of tangible items, there’s a pressing question looming: what happens with software-intensive assets?
As technology evolves, we are witnessing an increasing shift in how products are developed and function. A growing number of appliances are now more dependent on software than on hardware. From your smart refrigerator to your electric car, the functionality of the devices is largely governed by software.
Hardware is often streamlined, while the features of the assets are ever evolving via over-the-air software updates. Devices once considered “mere machines” are now part of the broader Internet of Things (IoT), enabling new possibilities through constant updates, evolution and intelligent software integrations.
In this software-centric world, where does the right to repair stand? The repair of software-intensive assets introduces complexities beyond physical parts.
As consumers, do we have, or should we have, the right to repair (or potentially evolve) the software running our devices?
The Right to Repair: A Consumer's Right to Evolve?
The concept of repair now extends beyond the physical realm. Repairing software means updating, or modifying, the code to ensure that the asset remains functional and up to date. But with companies locking down software with digital rights management, licenses, and proprietary systems, consumers are often left in a gray zone. Is it legal, or even possible, to modify the software in your car, fridge, or smartphone yourself?
Should consumers have the right to evolve the software themselves? Or should they be locked into the manufacturers’ control, where they alone determine the lifecycle and capabilities of your things?
The right to repair is essential for promoting sustainability and extending the life of products, but the issue becomes increasingly complex when software is involved. As the EU’s Repair Clause begins to reshape our relationship with physical goods, a parallel conversation must take place around software.
Do we need a new “right to repair” for software-intensive assets—one that acknowledges the evolving relationship between consumers and the products they own?
We will soon redefine what it means to own something. As more products rely on software for their core functionality, consumers deserve greater clarity and control over their digital assets. Many think that ownership should come along with the right not only to repair but to evolve our devices as well. The need for a “software repair-clause” is rapidly emerging…
Find out more on the latest advances on the Design Reform and the Future of Repair: https://www.euipo.europa.eu/en/designs/design-reform-hub/terminology-procedural-changes
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As technology evolves, we are witnessing an increasing shift in how products are developed and function. A growing number of appliances are now more dependent on software than on hardware. From your smart refrigerator to your electric car, the functionality of the devices is largely governed by software.
Hardware is often streamlined, while the features of the assets are ever evolving via over-the-air software updates. Devices once considered “mere machines” are now part of the broader Internet of Things (IoT), enabling new possibilities through constant updates, evolution and intelligent software integrations.
In this software-centric world, where does the right to repair stand? The repair of software-intensive assets introduces complexities beyond physical parts.
As consumers, do we have, or should we have, the right to repair (or potentially evolve) the software running our devices?
The Right to Repair: A Consumer's Right to Evolve?
The concept of repair now extends beyond the physical realm. Repairing software means updating, or modifying, the code to ensure that the asset remains functional and up to date. But with companies locking down software with digital rights management, licenses, and proprietary systems, consumers are often left in a gray zone. Is it legal, or even possible, to modify the software in your car, fridge, or smartphone yourself?
Should consumers have the right to evolve the software themselves? Or should they be locked into the manufacturers’ control, where they alone determine the lifecycle and capabilities of your things?
The right to repair is essential for promoting sustainability and extending the life of products, but the issue becomes increasingly complex when software is involved. As the EU’s Repair Clause begins to reshape our relationship with physical goods, a parallel conversation must take place around software.
Do we need a new “right to repair” for software-intensive assets—one that acknowledges the evolving relationship between consumers and the products they own?
We will soon redefine what it means to own something. As more products rely on software for their core functionality, consumers deserve greater clarity and control over their digital assets. Many think that ownership should come along with the right not only to repair but to evolve our devices as well. The need for a “software repair-clause” is rapidly emerging…
Find out more on the latest advances on the Design Reform and the Future of Repair: https://www.euipo.europa.eu/en/designs/design-reform-hub/terminology-procedural-changes