With EU Regulation No. 2024/2822 and EU Directive 2024/2823, the EU has introduced new regulations with important changes for EU design law.

One of these changes concerns the so-called repair clause, which significantly restricts design protection for visible spare parts. The aim is to liberalize the market for visible spare parts.

Example of the repair clause: rear light on a car - New regulations for EU design law
Source: Jose Gonzalez Buenaposada

An example of such a visible spare part is a rear light on the entire product – the so-called "complex product" – vehicle. Design law refers to the complex product, in this case the vehicle, which has parts that are visible from the outside and which may need to be replaced at some point, in this example the rear light, which may need to be replaced due to a parking bump.

The new rear light must match the vehicle, i.e., it must be a so-called "must-match" part, and serves to restore the original appearance of the vehicle; the rear light is therefore used exclusively for repair purposes. In such a case, a third-party manufacturer may produce the replacement rear light and offer it for repair purposes, but must clearly indicate that this replacement rear light does not come from the original manufacturer.

This is advantageous for the vehicle owner, but not for the manufacturer of the original rear light, who holds an EU design for the original rear light.

The new repair clause has effects for all manufacturers and suppliers of components visible from the outside of the "complex product" that are also offered as original spare parts and for which an EU design exists.

We would be happy to advise you on what these effects are and how they can be dealt with from the perspective of the manufacturer of the original spare part. We have solutions and are here to support you.