A fix for the future!

February brought us a political agreement in the EU on consumer rights, and now in April, we're scratching our heads over the fact that the Dutch have already maxed out nature's credit card 🌍💳. But hey, maybe the right to repair is one of many tickets to pushing back "overshoot day." After all, who knew fixing our stuff could also save the planet? 

In this edition, we will explore why fixing our stuff should be a piece of cake (or pie, we won't judge) and dive into the tricky questions it raises about balancing different interests. Plus, we'll give you a quick rundown of the Dutch Legal Design Lab event that took place in Delft.

Hey there! Welcome to The Innovation Matrix newsletter! 

Innovation: we all want to do something with it, but how to tame the beast? 

We’ll capture the essentials of innovation management through the lens of collaborations, intellectual property, commercial strategy, sustainability, and impact.

🧰 RIGHT to repair or despair? 🔧

Most often, I feel grateful and privileged to live in the Netherlands in 2024. Because of all the positive things; such as quality of life, the open-mindedness of many people and our social security system. But the start of this month felt different... Why?

It was Dutch Overshoot Day on 1 April. In only three months we used up to 100% of nature’s budget. This means we need a planet B, C and D to fulfil our needs. The list of actions to postpone this date to summer, autumn or winter is overwhelmingly challenging and can only be achieved with different behaviour, collective action, and firm policies.

Since individual behaviour counts, one of the things I try to change is not to buy something new if it is broken. Instead, I get something repaired by the original manufacturer or my local repair shop. Three attempts later since last summer - trying to get my headphones, toothbrush and toaster repaired - I must admit, I am quite disappointed.

The manufacturer of my headphones simply tried to let me pay the same price for ‘the repair’ as I paid initially, and wanted to send me new ones without being transparent about it.

My toothbrush turned out to be unrepairable because a certain glue was used in the production process. The warranty period had just expired. 

Lastly, our toaster. Also unrepairable after a thorough inspection by my local repair shop. 

You can imagine my disappointment!

Now I realise why the policy to fix this problem is called the ‘RIGHT to repair’.         

Even with the best intentions, I learned that electronic equipment for consumers has been simply designed to let it function for some years only and to make it impossible to repair. The average life cycle seems only a bit longer than the standard warranty period. I remember the days in which the period of use was much longer. In my family in the 70’s, 80’s and 90’s, we used our hair blower, toaster and vacuum cleaner for 20-30 years. Incomparable with common practice now and what we take for granted as consumers.

🇪🇺 For this reason, I am more than happy that the European Commission has reached a political agreement on new consumer rights for easy and attractive repairs. One of the new rules is that manufacturers will be prohibited from using contractual, hardware or software-related barriers to repair. What a relief!

If we want to reduce our consumption and footprint, and postpone Overshoot Day, we need to behave differently, take collective action and implement firm policies.

🕰️ I wish we could turn back time in this respect, so my kids will use their electronic products in some years from now even longer than my parents did in the past.

🌟 Celebrating Repair Rights: A Win for Consumers, a Puzzle for Business 🌟

The recent political agreement on new consumer rights, particularly the provisions aimed at dismantling the barriers that have long hindered repair accessibility are welcomed by many. Finally, consumers facing the frustration of design choices, product locks, or the unavailability of spare parts and repair information can breathe a sigh of relief.

However, as we applaud this victory for consumers, it's essential to shine a light on the lesser-discussed implications for businesses and innovation. While the pros are clear for consumers—promoting sustainable practices and eliminating the need for exorbitant repair premiums—the concerns for Original Equipment Manufacturers (OEMs) are equally significant. 

For OEMs, navigating the landscape of intellectual property (IP) management becomes a complex puzzle. What regulatory measures will be put in place for mandating disclosures and ensuring the availability of essential supplies? How do they protect their IP while accommodating the right to repair? How can information be disseminated in supporting repair shops and sharing knowledge to empower consumers? How can they ensure a return on investment for the extensive research and development that goes into creating their products? How to foster a competitive market for replacement parts? And, crucially, how do they uphold standards of security, safety, and liability in the repair process? 

Balancing the right to repair with the protection of IP-protected components is no small feat. While we strive to ensure non-infringing use, the practical implementation of these ideals remains uncharted territory. It's a delicate dance between consumer empowerment and safeguarding innovation, and the real-world implications are yet to unfold. 

Not all is bad. For our Dutch readers, listen to this podcast to discover how Nowos is transforming the lifecycle of e-bike batteries by focusing on repairs rather than disposal, ensuring compliance with European safety standards and more importantly reflecting on how the Right to Repair regulations can potentially boost or reshape your business model. 

As we navigate this new era of repair rights, it's clear that collaboration and dialogue between stakeholders within your ecosystem or value chain will be key. Together, we need to work towards solutions that benefit both consumers and businesses, fostering a culture of innovation while promoting sustainability and accessibility.

What’s happening across the pond?  🌊👀

In the U.S., John Deere, a major agricultural machinery company, is facing a class-action lawsuit over the right to repair. The company is accused of controlling the farm equipment repair market by preventing farmers and small shops from accessing software and repair tools. This restriction limits individuals' ability to fix their products on their schedule. John Deere had previously agreed with the American Farm Bureau Federation to allow access to software and repair tools, as long as the Federation refrains from supporting broader "Right to Repair" laws. The lawsuit is still ongoing in federal courts.

On 17 May at the Dutch Legal Design Lab, a very interesting mock trial was held.

If you work on the simplification & visualisation of contracts, there is one million dollar question: “Does this visual contract hold up at court?”         

Exactly this question was answered during this session by two lawyers from a reputable law firm and a former retired judge. If you would like to learn more, please find the link to my post about the mock trial here. I hope that many more mock trials will be held and more research will be done on visual contracts with valuable data to use and apply as outcome.

During this day I also had the pleasure to give a workshop on: “How to negotiate an Innovation and IP contract?” Facing challenges with customers demanding all IP rights in co-development just because they're paying? Having other challenges navigating these deals? Get in touch to learn how to protect your interests and accelerate your business by using your IP effectively!

Here is a lovely post from one of the participants, International and European law student Maya Frysz, who participated to the workshop and gave some nice feedback. Thank you Maya!

A reminder before we leave: Let's keep pushing for progress and building a future where repair is celebrated as a symbol of resourcefulness and resilience. Make a difference—one fix at a time! 🛠️♻️

Until next time, 

Mirjam and Deepika