Contro i monopoli intellettuali dell’agricoltura di precisione: dal diritto alla riparazione al ritorno della proprietà

Manufacturers of agricultural machinery (Original Equipment Manufacturers or OEMs) connected to the Internet of Things retain technological control of the devices after they are sold to farmers and prevent them from being repaired or modified independently. This applies, for example, to tractors equipped with hardware, software, and sensors that collect, process, and transmit data relating to the activity carried out in the fields to the network. As in many sectors affected by digital technologies, in precision agriculture we are seeing attempts by OEMs to limit the power of the purchaser-owner-user of the device through intellectual property, contracts, Technological Protection Measures (TPMs), and Digital Rights Management. When a manufacturer of agricultural machinery holds monopoly or oligopoly market power, the obligation not to carry out independent repairs corresponds to an attempt to extend its market power from the production of machinery to repair services and other related markets. This constitutes an abuse of market and contractual power. Among the legal instruments aimed at counteracting the abuse of market and contractual power by OEMs, the limitation of intellectual property and pseudo-intellectual property (the legal protection of TPMs) is of fundamental importance. It would therefore be necessary to introduce into the legal system a right to control the functioning and modify the digital device as a prerogative of owenrship. To be effective, this right must be broad and robust.