European Parliament calls on Commission to introduce a European repairs clause
On 11 November 2021, the European Parliament adopted its own-initiative report on an intellectual property action plan to support the EU’s recovery and resilience (2021/2007(INI)). The report was led by MEP Marion Walsmann following the adoption of the European Commission’s intellectual property action plan on 25 November 2020 (COM(2020) 760).
In its report, the European Parliament recognizes that design protection for spare parts used for the repair of complex products is only partially harmonised, with some Member States which have introduced a ‘spare parts exception’ or ‘repairs clause’ into national design legislation. The current situation creates fragmentation in the internal market and legal uncertainty. The European Parliament calls on the Commission to include a ‘repairs clause’ in the upcoming revision of the EU Design Directive, so as to support the transition towards a circular economy and to avoid distortions of competition.