It appears that the design protection for visible vehicle spare parts integrated into the body will soon become a bit more liberal. At least, the EU Minister Council adopted the proposal from the European Commission for the revision of the Design Directive and the Design Regulation, thus laying an important foundation. The proposal stipulates that there should be a uniform repair clause throughout the EU. In concrete terms, the focus is on spare parts that help to restore the original appearance of the car/vehicle during a repair. Until now, this only seemed possible with genuine spare parts.
This could apply to parts such as headlights and rear lights, for example. But there is also the windscreen, outside mirror, bonnet and fender.
There must also be a price competition for visible spare parts
Until now, fair competition was difficult, as car manufacturers could take legal action against imitations. So far, there have hardly been any rules on this issue, only a repair clause under national design law (from 2020). But only for designs that are already registered at this point in time. Owners of older car models are therefore still at a disadvantage. And this applies for designs that are up to 25 years old, as the German repair clause provides very long protection here.
An alternative to the original has therefore been practically impossible so far. After all, the spare part to be replaced during a repair must match again, i.e. the shape and dimensions have to be identical. There is not much room for other designs.
A transition period of eight years is planned for the new EU-wide repair clause. This applies to EU countries that previously had no repair clause. However, if designs are registered for the entire European Union and not for individual member states under their national law, the Repair clause shall apply without a transition period.
Conclusion
For the future, this means that even repairs to the body do not always have to be carried out using original spare parts that may be more expensive. These spare parts can also lead to fair competition and reduce repair costs. A user-friendly solution is therefore in sight! Only owners of older models in Germany have to stay patient for a while, as the new EU-wide regulation for designs before December 2020 will only take effect in eight years due to the existing repair clause.