European Council Gives Final Approval for Repair Clause Addition to Design Protection Legislation

Legislation provides an exemption from design protection regulations for some car parts used for repair in the 27 countries in the European Union.

The European Council adopted the two legislative acts on October 10 that revised its directive on the legal protection of designs and the amended regulation on community designs.

The texts adopted update the current design legislation to improve the protection of industrial designs in the era of digital designs and 3D printing but also included a “repair clause” to address patents on spare parts used during repairs.

The repair clause grants protection to the manufacturer on the