Industrial Property Law

In order to promote competition, Directive No 98/71 envisages an exception to design protection for certain component parts (Art. 14). The purpose of this “repair clause” is to exclude from protection the design on a part of a complex product used to enable the product to be repaired to its original appearance. In the absence of a consensus between Member States, Article 14 of the directive allows …

Replacement parts exception

In order to promote competition, Directive No 98/71 envisages an exception to design protection for certain component parts (Art. 14). The purpose of this “repair clause” is to exclude from protection the design on a part of a complex product used to enable the product to be repaired to its original appearance. In the absence of a consensus between Member States, Article 14 of the directive allows Member States to maintain their existing legislation in this area, but they may only introduce amendments to these provisions with the aim of liberalizing the market for these parts. The “repair clause” has been adopted in a disparate way by several European countries under national law, in order to authorize the sale, distribution, manufacture and import of spare parts not approved by vehicle manufacturers, to enable the repair of a complex product with a view to restoring its original appearance .

In France, the Competition Authority issued an opinion on 8 October 2012 recommending the adoption of a “repair clause” in French law, for a more efficient functioning of the automotive aftermarket sector . The Law of 22 August 2021  finally created a new exception to Article L. 513-6 of the Intellectual Property Code, according to which the rights conferred by the registration of a design are not exercised in respect of acts aimed at restoring a motor vehicle or trailer to its original appearance, within the meaning of Article L. 110-1 of the Highways Code, and which concern parts relating to glazing or are implemented by the original equipment manufacturer (Art. L. 513-6, 4° a) and b) IP Code). It also amended Article L. 513-1 of the same code to limit to ten instead of twenty-five years the duration of protection by registration of the parts referred to in part 4° of Article L. 513-6 for which said part 4° does not provide any exception to the exercise of the rights conferred by the registration of a design. The Court of Cassation considers that these provisions, by redefining - in a manner favorable to the defendants - the scope of the criminal offense aimed at protecting design rights, constitute a proportionate restriction of those rights in light of the legitimate objective pursued, insofar as their purpose is to promote the maintenance and repair of motor vehicles by opening the market for visible spare parts to competition, in order to prevent vehicles that could continue to operate from being scrapped due to excessive costs in relation to their depreciation .

The proposal for a directive on the legal protection of designs (Designs Package) of 28 November 2022 aims to complete and harmonize the single market for spare parts. It contains an EU-harmonized “repair clause” (Art. 19), putting an end to the existing transitional regime, which authorizes the reproduction of original designs for the repair of complex products. The clause in the draft directive excludes from protection so-called must-match spare parts, i.e. parts of complex products conditioned by their shape, used for the sole purpose of enabling the repair of the complex product with a view to restoring its original appearance. This would make it legally possible, in all EU countries, to reproduce bodywork parts identical to the original parts in order to restore a vehicle's original appearance. This exclusion could not, however, be invoked by the manufacturer or seller of a part of a complex product as a defense in an infringement action if consumers were not duly informed by means of a clear and visible indication on the product or in any other appropriate form, of the origin of the product intended to be used for the purposes of repairing the complex product, an indication enabling consumers to make an informed choice between competing products that could be used for the repair. The proposed “repair clause” would only apply to future designs, with the protection of existing rights guaranteed for a transitional period of ten years.

CA Paris, 22 October 2019, LawLex202100004676JBJ.

Competition Authority Opinion No 12-A-21 of 8 October 2012 on the competitive operation of the vehicle repair and maintenance and spare parts manufacturing and distribution sectors: Opinion 12-A-21 of 08 October 2012 (autoritedelaconcurrence.fr)

Law No 2021-1104 of 22 August 2021 on combating climate disturbance and strengthening resilience to its effects, OJ 0196 of 24 August 2021.

Cass. crim., 11 June 2025, LawLex202500004842JBJ, which adds that the provisions of Article L. 513-6 of the Intellectual Property Code relating to spare parts are applicable not only to the original equipment manufacturer, but also to the commercial chain between the latter and the consumer, the court conferring on them their exact scope without disregarding the principle of strict interpretation of criminal law.

Industrial Property Law

442. Replacement parts exception

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442. Replacement parts exception

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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