“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.
As the Chamber of Deputies is the deciding house, the bill has been sent to President Basescu for his signature.
However, car industry representatives say eliminating legal protection for the design of visible car parts will allow low-quality products onto the market, which might affect road safety for all drivers.
“The bill allows anyone to build and distribute visible parts without the car maker’s consent. I do not think this is fair, since these components, from body parts to lights or door handles, give the car its identity, as envisioned by the car maker,” said Constantin Stroe, vice-president of Automobile Dacia.
Part distributors, on the other hand, believe it will foster competitive prices and quality.
“This decision eliminates a monopoly and liberalizes the visible car part market. Until now, the price of these components was dictated by the car maker and clients had no alternative (…). The amendment will stimulate the parts market,” said Adrian Ionescu, a member of ADPAR, the Association of Romanian Car Part Distributors. He argues that independent producers offer quality components, sometimes even superior to those provided by the car maker.
“The production and distribution of parts is not left to chance. Independent part producers will need to abide by technical requirements and obtain certification from the Romanian Car Registry,” Ionescu pointed out.
The Association of Automobile Producers and Importers (APIA) wrote to the Chamber of Deputies requesting the bill’s suspension, before it was adopted.
“The decision will prevent the car industry from recouping creative investments, will discourage innovation and investment in research and development. In addition, APIA believes it will reduce employment in the sector.”
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.