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FEMA: New Design Protection Regime
Cheaper spare parts for the consumer?
The European Commission is proposing a Directive seeking to change the current system of the legal protection of designs.
The proposal, if enacted, would directly contribute to lowering the price of motorcycle spare parts.
Following a study on the spare parts secondary market, the European Commission opted to exclude design protection in the after-market for “must-match” spare parts.
These are defined as component parts, including visible parts, used for the purpose of the repair of a complex product so as to restore its original appearance.
This liberalisation would be applicable to any sector where replacement and repair of complex products are at stake, including the Powered Two-Wheeler sector.
A FEMA survey shows that consumers living in Member States where liberalisation is already in place* pay less for the same set of spare parts. Indeed, the presence of Independent producers plays an important role in keeping the price of original parts down and gives riders more choice and lower prices.
In some Member States, the consumer/rider has to pay twice for the same design: once when he/she buys a new motorcycle and the second time when there is the need to repair it. For these reasons, FEMA fully supports the liberalisation option as proposed by the Commission, since it would:
- improve the functioning of the Internal Market
- enhance competition,
- bring down spare parts prices and therefore be beneficial for the consumer/rider allowing wider and better choice and lower prices,
- contribute to lower insurance premiums.
FEMA attended a Public hearing on design protection organised on the 21st of April 2005 by the Legal Affairs Committee of the European Parliament.
Many political actors, experts and other stakeholders expressed the view that the repair clause is the best option to attain full liberalisation and strengthen competition.
Antonio Perlot, Secretary General of FEMA, said: ”FEMA will be actively following the discussions at European level in order to guarantee that the interest of the motorcycle consumer is taken into due account”.
Notes
* The Member States where a repair clause is foreseen are: Belgium, Hungary, Ireland, Italy, Latvia, Luxembourg, The Netherlands, Spain and United Kingdom.
For the Commission proposal and procedural details HERE
For the Legal Affairs Committee Public hearing working document HERE
FEMA Position paper on Design protection available on FEMA Web-site www.fema.ridersrights.org
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