Debate on Repair Clause
For many years, the EU Commission has been planning to amend the Directive governing designs and models (98/71/EC). And the so-called Repair Clause has been under heavy debate just as long. A proposal was submitted already five years ago: it provides for a restriction of the design protection for all visible repair and spare parts. Also in 2008, supporters and opponents of the proposal were nearly balanced out again: at the beginning of this year and at a Council Working Group level, the Slovenian Council Presidency informed about a vote on the introduction of a repair clause into the Directive on designs that had been carried out by the European Parliament. Although this was accepted with recommendations for amendment, such as on the introduction of a 5-year transition period, a blocking minority of countries, including France and Germany, nevertheless emphasized its continued disapproval.
