Patent Law and 3D Printing Applications in Repairing Medical Equipment: Australia Needs To Adopt an Explicit Right to Repair Exemption

3D printing technology offers promise in relation to much-needed health technologies associated with COVID-19. Additive manufacturing, which allows the rapid conversion of information from digital 3D models into physical objects, is uniquely well-positioned to address the shortage of critical medical devices by enabling the fabrication and repair of medical devices in a timely and cost-effective manner. This submission examines the issue of patent rights being at odds with access to critical 3D printable health technologies during COVID-19 crisis. It undertakes an in-depth analysis of the right to repair and calls for a clearer recognition of the right to repair exemption in Australia. It is important to achieve a balance between the corporate interests of manufacturers and the societal urge for a rapid response to shortages of medical equipment. This submission contributes to the debate over patent law and the scope of 3D printing in response to the current health crisis. This submission will help Australian policymakers by outlining key legislative and policy measures for the adoption and implementation of the right to repair in Australia.This submission has a three-part structure including the introduction and the conclusion. Part II undertakes an in-depth analysis of the right to repair defence in patent law. It emphasises that the right to repair is not merely a legal concept but is a matter of life or death when it comes to fixing critical medical devices in a health emergency. It considers several issues adversely impacting the Australian repair market and calls for a clearer recognition of the right to repair exemption in Australia. It also highlights the role of 3D printing technology as an enabler of quick and cost-effective repair work. Part III concludes that thinking narrowly about the rights of manufacturers should not be an option during a health emergency like COVID- 19. The Productivity Commission should be mindful of the critical need to adopt a more holistic approach which considers the right to repair defence in the light of real-world implications of strictly enforcing the exclusive rights of manufacturers.