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  • videocam On-Demand
  • card_travel Trademark and Copyright
  • schedule 90 minutes

Navigating the Right to Repair, Manufacturers' Use of IP Law to Impede Claims, Potential Anti-Competitive Effects

$347.00

This course is $0 with these passes:

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Description

The right to repair products is essential, but some have claimed that manufacturers have put up roadblocks for consumers to do so. Whether limiting access to service manuals or relying on IP laws and licenses, manufacturers have made it very difficult for consumers to repair products without using the manufacturer's designated provider of such services.

For example, many manufacturers require licensing agreements that include that the materials licensed are protected by copyright law. Under the DMCA, conduct that sidesteps technological protection measures safeguarding the copyrighted works is punishable. Licensing agreements also state that licensed materials are also protected by trade secret laws and preclude the licensee from modifying or reverse engineering the product or part, which is often required to repair it.

Manufacturers also contend that if non-authorized service providers work on their products there is an increased likelihood that trade secrets would be exposed and thereby put the original equipment network at risk. This conduct raises concerns about anti-competitive behavior.

Listen as our authoritative panel of IP and consumer protection attorneys examines right to repair claims and the use of IP laws to hinder the right to repair. The panel will address trademark, copyright, and trade secret law, Federal Trade Commission enforcement actions and guidance, and the implications of each on right to repair claims. The panel will also discuss the manufacturers' procompetitive justifications for denying repair rights and the potential anti-competitive effects. The panel will offer best practices for companies navigating the right to repair.

Presented By

John D. Carroll
Partner
Sheppard Mullin Richter & Hampton LLP

Mr. Carroll’s practice focuses on civil and criminal antitrust matters, including mergers and acquisitions, strategic counseling and compliance, and global cartel investigations, where he represents clients before the Department of Justice Antitrust Division, Federal Trade Commission, and international and state antitrust enforcement authorities. Prior to private practice, Mr. Carroll was in the Mergers I Division of the FTC’s Bureau of Competition for several years. While with the FTC, he investigated, challenged, and negotiated settlements in a number of potentially anti-competitive business combinations in the aerospace, technology, consumer products, defense, healthcare, and pharmaceutical industries. Mr. Carroll frequently speaks and writes on antitrust issues and has held leadership positions in the ABA Section of Antitrust Law (currently Vice-Chair, Healthcare & Pharmaceuticals Committee) and the American Health Lawyers Association Antitrust Practice Group.

Devlin Hartline
Legal Fellow
Hudson Institute Forum for Intellectual Property

Mr. Hartline’s research agenda spans a broad spectrum of doctrinal and political issues in intellectual property law, with particular focus on advancing and protecting the rights of creators and innovators. The Forum for Intellectual Property supports data-driven research and promotes evidence-based policy discussions about the key role of intellectual property in growing innovation economies and flourishing societies. Prior to joining the Hudson Institute, Mr. Hartline was assistant professor of Law at George Mason University Antonin Scalia Law School in Arlington, Virginia, where he taught intellectual property law, including copyright, patent, and trademark law. Mr. Hartline also served as director of communications at the law school’s Center for the Protection of Intellectual Property, where he led the center’s communications and academic advocacy efforts, working closely with scholars to publicize and promote rigorous research on the law, economics, and history of intellectual property.

Daniel A. Murray
Attorney
Frost Brown Todd

Mr. Murray focuses his practice on all areas of intellectual property law. He has worked in various transactional and litigation capacities, including all areas of IP: patents, copyrights, trademarks, and trade secrets. Mr. Murray’s patent and transactional experience includes extensive work in the telecommunications, automotive, energy, and smartphone industries. He also counsels clients in trademark and copyright matters in a variety of industries. Additionally, Mr. Murray possesses broad experience in the licensing of intellectual property and software, including negotiating and drafting agreements.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, February 14, 2023

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Right to repair claims
  2. Using IP rights to impede the right to repair
    1. Trademark
    2. Trade secret
    3. Copyright
  3. Federal Trade Commission enforcement actions and guidance
  4. Manufacturer justifications and anti-competitive effects
  5. Best practices for navigating the right to repair

The panel will review these and other essential matters:

  • What are the IP ramifications for a right to repair?
  • What potential anti-competitive effects do the manufacturer's restrictions have on the market?
  • What steps can counsel take to navigate the right to repair?