Repair clause in the new EU design law

European design law protects the external appearance of products and their parts. Until now, manufacturers have been able to legally monopolize visible spare parts such as bumpers, headlights or mirrors through registered designs. This makes it difficult for independent suppliers to access the repair market, which has an impact on prices, availability and the environment. The reforms, consisting of the new Design Regulation (Regulation (EU) 2024/2822 amending Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs and repealing Commission Regulation (EC) No 2246/2002 of 16 December 2002, “EUDR”) and the new Design Directive (Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs, replacing Directive 98/71, “Design Directive”) open wide doors for the aftermarket in spare parts.

The reform introduces for the first time binding, EU-wide repair clauses. These are regulated in

• - Article 20a of the EUDR and
• - Article 19 of the Design Directive.

In the future, the following will apply: design protection will no longer extend to visible spare parts that serve the sole purpose of visually restoring a complex product - such as a vehicle - if the spare part looks identical to the original.

The repair clause applies to non-original spare parts and thus automatically protects third-party manufacturers from design infringement. The use and supply by third parties of products which fall under the protected designs is then permitted without the consent of the rights holder.

The prerequisites for the permissible production and marketing of so-called “must-match” spare parts are

• The spare part is visible when installed (e.g. body parts);
• It is used exclusively to restore the original appearance of a complex product;
• It is actually only used for repair purposes;
• There must be a clear indication from the manufacturer or supplier that the spare part does not come from the original manufacturer. This serves the purpose of transparency and consumer protection.

The third-party manufacturer or supplier must explain how they can ensure that the part supplied by them is only used as a repair spare part (OLG Düsseldorf, Urt. v. June 13, 2024, 20 U 291/22, para. 46 - car key housing).

While Article 20a EUDR came into force on May 1, 2025 and has been directly applicable throughout the EU since then, the Design Directive must be transposed into national law by the member states by December 9, 2027.

Important for rights holders: There is a transitional period of eight years for existing design applications, Art. 19 (4) of the Design Directive. This means that designs for spare parts that were granted design protection at national level before December 8, 2024, will retain their protection until December 9, 2032. Only after this date will protection for repair purposes be excluded for old designs. This regulation gives companies time to adapt to the new market conditions and adjust their strategies.

For consumers, the reform means more freedom of choice, lower repair costs and a strengthening of the circular economy.

For companies, especially in the automotive and mechanical engineering sectors, the new legal situation means that they will have to adapt their IP portfolio and, if necessary, strategically use or restructure existing designs.

For suppliers of spare parts, the reform opens up new market opportunities, particularly for third-party suppliers and repair services.

The repair clause plays a central role for the environment. It was driven forward as part of the European Green Deal, which aims to reduce the consumption of raw materials and subsequently waste, thereby promoting sustainable business practices. The question arises as to whether cheaper spare parts of possibly inferior quality meet this requirement.

There are basically no changes for Germany, as a repair clause was included in the Design Act in 2020 with Section 40a DesignG. This is essentially in line with the new EU regulations. Changes will therefore primarily arise for those member states in which no repair clause has yet been included in the law.

We recommend rights holders:

• Check existing designs for relevance to spare parts;
• Use transitional periods to make strategic decisions in good time;
• In future, to check in particular whether a spare part design falls under the repair clause.

As a law firm specializing in intellectual property law, we will be happy to assist you with the implementation of the design law reform - from the portfolio review to the adaptation of your IP strategy.