Sommaire
Overview and legal framework
Definition of spare parts under EU design law
Spare parts are components that replace or restore the appearance of complex products—vehicles, electronics, appliances. If a spare part’s appearance is “new” and presents “individual character”, it can qualify for protection under EU Design Regulation (EUDR art. 4–7), national design laws, and even copyright.
Historical legal monopolies
Historically, Original Equipment Manufacturers (OEMs)—that is, carmakers and original producers of vehicle components—have relied on design rights and copyright law to assert control over the spare parts market. Although the Independent Automotive Aftermarket (IAM) operates outside OEM networks, it remains closely tied to them from an economic standpoint, as it provides compatible or equivalent parts for the repair and maintenance of OEM-manufactured vehicles. In 2023, the IAM represented approximately 62% of the European spare parts market, amounting to €73 billion out of a total €118 billion, while OEMs retained the remaining 38% (Roland Berger – European Independent Automotive Aftermarket Panorama – 2024).
Evolution – Legislative reforms
French market liberalization (2021–2023)
With the Climate and Resilience Act of 22 August 2021, France amended its Intellectual Property Code to facilitate logo removal by OEM suppliers and opened visible vehicle spare parts to competition.
Prior to this reform, design rights granted OEMs exclusivity over the manufacture and commercialisation of these parts for a period of 25 years, severely limiting access for independent producers. The legislative amendment reduced this exclusivity in favour of increased competition, with a transitional regime ending on 1 January 2023, from which date independent suppliers were authorised to manufacture and sell parts (such as headlights, bonnets, and bumpers) without infringing registered designs, provided no logo or protected sign remained affixed.
EU Design reform package (2024–2027)
The EU has enacted a comprehensive reform via:
- EUDR 2024/2822 (applying 1 May 2025, some provisions from 1 July 2026),
- Directive 2024/2823 (to be transposed by 9 December 2027).
Modernisation and scope expansion
- Terminology modernised: “Community Design” becomes “EU Design” (symbol Ⓓ).
- Broader definitions include digital interfaces, animated elements, and multi-design filings (up to 50 per application), with harmonised deferment rules.
Repair clause and essential spare parts
- A repair clause exempts certain “essential” spare parts from design protection to foster competition and support circular economy goals.
- Example: In the landmark case Volkswagen v W + S Autoteile GmbH (Case I‑20 U 291/22), the Higher Regional Court of Düsseldorf examined whether a car key housing qualifies as a “component part of a complex product” under the EU design repair clause (Art. 110(1) CDR).
- Facts: Volkswagen held a registered Community design for its key housing 001342174-0001:
W + S marketed a visibly similar car key housing deemed to infringe the design registration:
W + S counterclaimed, invoking invalidity and arguing that the repair clause exempts the part.
- Court’s Reasoning: The Court confirmed that the key housing is a complex product in its own right, not a component physically attached to the car. The informed user does not perceive it as a functional part of the vehicle. Moreover, W + S failed to demonstrate that its product would only be used for repair purposes, a strict requirement under Art. 110(1).
- Legal Outcome: The repair clause did not apply. The key housing is an accessory, not a “component part” of the car, hence fully subject to design protection. This decision clarifies that to benefit from the repair clause, a spare part must:
a) be physically integrable into the complex product;
b) be used solely for repair;
c) be perceived by an “informed user” as part of the complex product.
It underscores the narrow interpretation of “component part”, limiting the clause to parts that are physically assembled—unlike accessories or electronic devices.
Accessory manufacturers must now carefully assess whether their products genuinely fall within the repair clause or remain vulnerable to design infringement claims.
Impact on manufacturers, repairers, consumers
Market competition and repair rights
The progressive liberalisation of the spare parts market has removed long-standing legal and economic barriers for independent repairers and aftermarket suppliers. By limiting the scope of design protection over visible spare parts, national and EU reforms have fostered greater market competition, enabling alternative players to offer compatible components without fear of infringing intellectual property rights.
The EU “repair clause” plays a central role in this balance. It seeks to reconcile the legitimate interest of IP holders in protecting the aesthetic value of their products with the need to ensure the availability of essential replacement parts. This provision helps safeguard the consumer’s right to repair, supports the circular economy, and addresses anti-competitive practices by limiting the ability of OEMs to assert exclusivity over parts necessary to restore the original appearance of a product.
Quality, litigation, and enforcement
The opening of the spare parts market also brings significant implications for product quality and legal liability. OEMs have voiced concerns over the proliferation of substandard parts, prompting them to strengthen their licensing regimes, impose technical specifications, and require indemnity clauses in their agreements with third-party suppliers. This is particularly relevant in safety-critical applications such as lighting systems, mirrors, or bodywork components subject to crash regulations.
From an enforcement perspective, intellectual property tools remain essential for OEMs to monitor and act against unauthorised use:
- Customs seizures under Regulation (EU) 608/2013 continue to provide a frontline mechanism for intercepting infringing goods at borders.
- Preliminary injunctions and expedited proceedings are regularly sought before national courts, especially in cases where parts are mislabelled or do not fall within the narrow exception of the repair clause.
Independent repairers and IAM producers must therefore carefully assess whether a part qualifies as “essential” under the repair clause, and whether its reproduction is limited to what is strictly necessary to restore the original appearance. In cases of legal uncertainty, they increasingly rely on the clarification and relief mechanisms introduced by the 2024 EU Design Package, including improved invalidity proceedings, clearer guidance on component parts, and harmonised interpretation across Member States.
Conclusion
In summary, historical OEM control over spare parts through design law has been significantly challenged by French and EU reforms. The repair clause, amended IP frameworks and procedural clarity shift the balance toward competition and consumer protection, while preserving IP incentives.
We invite you to subscribe to our newsletter and follow us on LinkedIn for up‑to‑date legal insights on IP and spare parts.
Dreyfus Law Firm is partnered with a global network of IP experts.
Nathalie Dreyfus with the assistance of the entire Dreyfus team
FAQ
- What qualifies as an “essential” spare part under the repair clause?
Essential parts are those that restore the product’s appearance; non‑essential functional covers remain protected. - Does the repair clause apply automatically across the EU?
Yes—as of 1 May 2025 under EUDR, harmonized in national laws by December 2027. - What if an independent repairer removes OEM logos?
In France, logo removal is allowed since Jan 2023 under amended CPI, provided functional integrity is preserved. - Are renewal fees higher under the EU reform?
Yes—renewal fees increase significantly: e.g., €150 (1st) → €700 (4th) per design. - How can a firm verify if a part infringes a registered design?
Conduct prior‑art searches, assess design versus essentiality, and consider quality standards to mitigate infringement risks.