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Kur, Annette --- "Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion" [2008] ELECD 255; in Drexl, Josef (ed), "Research Handbook on Intellectual Property and Competition Law" (Edward Elgar Publishing, 2008)

Book Title: Research Handbook on Intellectual Property and Competition Law

Editor(s): Drexl, Josef

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420475

Section: Chapter 13

Section Title: Limiting IP Protection for Competition Policy Reasons – A Case Study on the EU Spare-Parts-Design Discussion

Author(s): Kur, Annette

Number of pages: 33

Extract:

13 Limiting IP protection for competition
policy reasons ­ a case study based on the
EU spare-parts-design discussion
Annette Kur



1 Introduction
In September 2004, the European Commission launched its proposal for a
repairs clause to be inserted in the Directive 98/71/EC on the protection of
industrial designs.1 The purpose of the proposed provision is to enable the
independent making and distribution of `must-match' component parts of
complex products for repair purposes, in spite of the protection of such parts
by an industrial design right, under the condition that consumers are correctly
informed about the commercial origin of the part.
The proposal for a new Article 14 is worded as follows:

1. Protection as a design shall not exist for a design which constitutes a component
part of a complex product used within the meaning of Article 12(1) of this
Directive, for the purpose of the repair of that complex product so as to restore its
original appearance.
2. Member States shall ensure that consumers are duly informed about the origin of
spare parts so that they can make an informed choice between competing spare
parts.



1 Proposal of 14 September 2004 for a Directive of the European Parliament
and of the Council amending Directive 98/71/EC on the legal protection of designs,
COM(2004) 582 final = http://eur-lex.europa.eu/LexUriServ/site/en/com/2004/
com2004_0582en01.pdf, accessed 4 November 2007. For a positive evaluation of the
proposal see Drexl, J., ...


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