Revisiting the Repair Defence in the Designs Act (2003) in Light of the Right to Repair Movement and the Circular Economy

摘要

Australia first introduced a form of a "right of repair" into its designs law in 2003 when the "spare parts" defence to designs infringement was introduced. This defence, which introduced the new concept of repairability into Australian designs law lay dormant and untested until 2019 Federal Court decision of GM Global Technology Operations LLC v SSS Auto Parts Pty Ltd. This article examines history and context behind the introduction of Australia's "spare parts" defence and contributes some thoughts as to the positive role that that the repair defence in designs law could play in facilitating a broader consumer right to repair in Australia. Through analysing GM Global Technology Operations LLC v SSS Auto Parts Pty Ltd, we highlight the detailed and complex nature of the spare parts defence, as well as its inadequacies. We argue it is timely to not only revisit the "repair defence" within designs law as it currently stands, but also to reflect more broadly, on how embedding a broader notion of repairability in Australian designs law would encourage a more "green" and sustainable designs scheme for Australia. This, in turn, would facilitate Australia's ongoing commitment to the United Nation's Sustainable Development Goals by allowing Australian consumers and designers to embrace and engage in a more environmentally sustainable, circular economy.