Common Sense Law

  UNFAIR TRADE PRACTICE, CORPORATE STRATEGY, & THE ECONOMY OF WASTE AN INTRODUCTION TO OUR HANDS BEING TIED Ever wondered why do spares cost more than the sum of the whole product? Why does the replaced new spare magnetron of a microwave oven not carry the same warranty duration as the original part that came with the product? Especially in instances wherein availability of spares is restricted to manufacturer channels rather than open market, on the ground of protection of IPRs and trade secrets! Same goes for parts of a water RO system that could carry warranties as low as 1 month. Are spares inferior to the original part? These are questions no one asks. A Samsung TV display panel costs so much that purchasing a brand new TV would seem a plausible option. If spares carried the same warranty as the original, the lifecycle of a product would increase and e-waste (and overall waste generation) would reduce. Ever used a Hawkins pressure coo...

JURISPRUDENTIAL UNDERPINNINGS OF THE RIGHT TO REPAIR ROOTS OF THE RIGHT TO REPAIR: THE THEORY IN FAVOUR The Right to Repair has gained traction in recent times, more so due to the COVID 19 linked lock-downs across the globe, and resultant collapse of small and medium businesses. We hear a lot of noise and ‘discussion’ as to its underpinnings in US legislation, and ecology friendly, and consumer welfare stance that governments are taking across the globe. Citizens, and interest groups all over are demanding its grant 1 by their governments, and this goes on to show that no one really knows the right’s origins, or its foundation. In order to understand the jurisprudence of the Right to Repair we need to take a step back and look at the concept of Ownership. As we all know, Ownership denotes the relation between a person and an object (the “Property”) forming the subject-matter of ownership. 2 It consists in a complex of rights, all...