“The protection granted for designs and models does not apply to a design or model used in a visible spare part (…) of a road vehicle, used exclusively to repair the vehicle by authorized operators, for the purpose of restoring its initial appearance,” says the bill. A car’s visible components include body parts, headlights, mirrors, fenders etc.
This exemption of protection does not apply if the part is marketed for a purpose other than repairing vehicles by authorized operators. The bill also says the exemption applies only when the beneficiary is correctly informed by the authorized operator with regard to the origin of the product used in repairs, so that the beneficiary can, with full knowledge and in writing, accept a rival product provided by the operator.
This change affects only parts introduced to the market after the respective type of vehicle is introduced by the owner of the design right, or with their permission.
Basescu asked lawmakers to review the bill, which may affect road safety by allowing low-quality products onto the market.
The Association of Automobile Producers and Importers (APIA) said the adoption of this bill into law would prevent the car industry from recouping creative investments, discourage innovation and investment in research and development.
In the European Union, states such as France, Germany, the Czech Republic, Slovakia, Austria, Sweden and Denmark retain design protection for spare parts, while the United Kingdom, Spain, Italy and Poland have eliminated this protection.