France: Designs: is the liberalisation of French spare parts market imminent?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Designs: is the liberalisation of French spare parts market imminent?

Sponsored by

beau-de-lomenie.png

The market for certain spare parts used for motor vehicle repair may be liberalised in France.

Today, Directive 98/71/EC of the European Parliament and of the Council of October 13 1998 on the legal protection of designs provides a status quo for these parts, in that member states can only change their national legislation in the direction of liberalisation, i.e. a lack of protection.

In France, the protection of automative parts as designs is open to any particular part that meets the legal conditions of designs protection, for a duration of 25 years. When the condition of being original is met, the parts can then also be protected by copyright for 70 years. This large protection was confirmed by the French Supreme Court (Cass. Crim. December 2 2003 n°02-88459).

A law still under discussion has added an exception to copyright monopoly so that when the component part is disclosed, its author cannot prohibit "the reproduction, use and marketing of parts intended to restore its original appearance to a motor vehicle or trailer...". This provision would come into effect on January 1 2020.

The protection by design is also amended to exclude "acts intended to restore its original appearance to a motor vehicle or trailer... for (a) parts relating to glazing, optics and mirrors; b) or made by the suppliers who manufactured the original part". It should be noted that the market for glazing and optics parts represents 30% of the spare parts market.

The protection period would also be reduced from 25 years to 10 years, while the entry into force would be January 1 2020 for parts under a) and January 1 2021 for parts under b).

Therefore, some aftermarket parts and all parts manufactured by suppliers who manufactured the original parts would be liberalised. This could constitute as much as 80% of a new vehicle.

However, there are still some obstacles: first, the use of the molds by the suppliers, and the removal of the car manufacturer's logo on the parts, which is still trademark infringement. There is also the question of access to technical information required to enable the repair.

On the other hand, Article 110 of the Community Design regulation (EC) No 6/2002, provides that protection, as a community design does not exist for a design that is a part of a complex product used to allow the repair of this complex product in order to restore its original appearance.

This only applies to replacement parts that are identical to the original part (ECJ, December 20, 2017 joined cases C 397/16 and C 435/1).

This ruling was recently applied by the Court of Appeal of Paris, on September 11 2018 against tuning parts.

marie.jpg

Aurélia Marie


Cabinet Beau de Loménie

158, rue de l’Université

F - 75340 Paris Cedex 07 France

Tel: +33 1 44 18 89 00

Fax: +33 1 44 18 04 23

contact@bdl-ip.com

www.bdl-ip.com


more from across site and SHARED ros bottom lb

More from across our site

Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Barry Greenbaum, partner at Olshan Frome Wolosky, explains how in-house teams can update their approach to brand development, and where AI can add value
Christine Chiramel, who joins a full-service law firm after 17 years of working at specialist firms, says she’s excited to explore how corporate commercial issues are blurring into IP
Practitioners say increasing the pecuniary jurisdiction of India’s most popular IP litigation forum to around $2 million would spark unpredictability and make it difficult for SMEs to benefit
The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Gift this article