Design protection: threat to the EU aftermarket for automotive glass?

Sie sind hier: Homepage > Suche

Design protection: threat to the EU aftermarket for automotive glass?

Riehle, G.

The EU replacement market for automotive glass is worth ECU 1 billion per annum. It shares the destiny of the overall market for automotive spare parts upon which more than 180 million EU vehicle owners are dependent. Although their own production is modest (as regards glass non-existent) vehicle makers control almost 60 % of the EU spare parts distribution. In order to further extend their dominant position they claim design rights, especially on car body parts, lightings and automotive glass. To extend design protection to this kind of spares would give vehicle makers a watertight monopoly in the submarket of 'crash' parts (worth about ECU 10 billion per annum); and it would drive parts producers, independent wholesalers, repairers and automotive glass installers out of business. This runs foul of established design principles as well as of consumer and public interests. The well balanced answer to the problem is the 'Repairs Clause'. European Parliament and Commission have jointly proposed to insert it in the imminent EU design legislation; the Council of Ministers, to the advantage of vehicle makers, wants to delete the Repairs Clause and to leave the problem to the design laws of Member States. It is therefore likely that only a conciliation proceeding can ultimately tell the automotive glass industry of Europe whether or not the existing threat will continue.