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from B - IP Overlaps
Published online by Cambridge University Press: 29 December 2020
Establishing a legal framework for the protection of interests with respect to spare parts has been a hot topic in EU intellectual property law for years, marked on the one hand by the economic policy of the European Union2, aiming at market liberalization and free competition, and on the other by the economic interests of individual Member States, not always concerned with the liberalization of spare parts markets3. The problem was solved in Europe partially at the stage of creating the principles of EU design protection in the form of a repair clause introduced only into the unitary design regime in Article 110(1) CDR4 and the compromise obligation set forth in Article 14 DD5 to maintain the status quo or alternatively to liberalize the national law in that regard (freeze plus clause).
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