The Digital Right To Repair: Balancing Innovation And Consumer Autonomy In The Era Of Smart Infrastructure And AI Governance

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Anant Agarwal, Law College Dehradun, Uttaranchal University

Ashutosh Mishra, Law College Dehradun, Uttaranchal University

ABSTRACT

The right to repair - the argument that consumers should have the opportunity to repair, improve and maintain their purchased products without having to resort to the original equipment manufacturer (OEM) - is now in a new and much more complex stage with the rise of software-dependent electronic devices, AI-infused systems, and digital infrastructure. The right to repair conundrum historically applied to physical assets: farm equipment, household appliances, cars. The digital right to repair is a more basic claim - that consumers and independent repairers should have access to firmware, diagnostic tools, repair instructions and parts for products whose purpose is linked to the software within them. In India, this issue touches upon consumer protection, intellectual property, competition and new AI governance laws, with no specific legislative attention yet. This article considers the legal issues involved in the digital right to repair in India, looks at developed cases in Europe and the United States, and makes some brief observations on how the law might progress in India.

Keywords: Right to Repair, Digital Products, Consumer Autonomy, Intellectual Property, Competition Law, AI Governance, Smart Infrastructure, India, European Union, United States.

918. THE DIGITAL RIGHT TO REPAIR- BALANCING INNOVATION AND CONSUMER AUTONOMY IN THE ERA OF

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