An International Perspective on Design Protection of Visible Spare Parts
Dana Beldiman, Constantin Blanke-Roeser - An International Perspective on Design Protection of Visible Spare Parts
Published: 2017-04-07 | ISBN: 3319540599 | PDF | 132 pages | 2.03 MB
This publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU.