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An International Perspective on Design Protection of Visible Spare Parts

  • Book
  • © 2017

Overview

Authors:
  1. Dana Beldiman

    1. Center for Transnational Intellectual Property, Academic Director and Founder, Bucerius Law School , Hamburg, Germany

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  2. Constantin Blanke-Roeser

    1. Researcher, Center for Transnational Intellectual Property, Bucerius Law School, Hamburg, Germany

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    You can also search for this author in PubMed   Google Scholar

  • Discusses a topical unresolved policy issue relating to an economically significant market
  • Comparatively analyses EU and US law on the subject
  • Proposes concrete considerations for compromise
  • Includes supplementary material: sn.pub/extras

Part of the book series: SpringerBriefs in Law (BRIEFSLAW)

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xv
    Download chapter PDF

  2. Introduction

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 1-3

  3. Business Aspects of the Spare Parts Industry

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 5-13

  4. Design Protection Relating to Component Parts of Complex Products (Spare Parts) in the EU and the U.S.

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 15-29

  5. Legislative Efforts Relating to Design Law in the Context of Spare Parts

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 31-53

  6. Jurisprudence Relating to Design Law in the Context of Spare Parts

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 55-83

  7. Considerations Towards a Compromise

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 85-113

  8. Future Outlook: The Spare Parts Debate in the Era of 3D Printing

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 115-130

  9. Conclusion

    • Dana Beldiman, Constantin Blanke-Roeser
    Pages 131-132
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About this book

This  publication examines the legal aspects of the spare parts market from an IP perspective: specifically whether design protection for spare parts of a complex product extends to the spare part aftermarket, or whether that market should remain open to competition. The stakeholders’ equally weighty arguments that must be balanced against are, on the one hand, the property interest in an earned IP right in the design of the part; and on the other, enhanced competition, likely reflected in lower prices. The mounting tension between these two positions is manifest an increased number of lawsuits in both the US and the EU.


This book provides a discussion of the legal issues involved in this debate from a global perspective, with special focus on the EU and the US.  Part I contextualizes the legal debate by discussing the historical background, the competitive situation and the respective stakeholder positions. Part II examines the relevant legal questions on a comparative basis, evaluating the likelihood of its adoption in the jurisdictions examined. Concluding that adoption is unlikely, Part III proposes a number of possible considerations meant to further compromise. Part IV concludes with a future outlook, specifically in light of the impact of technological development on this market.

Authors and Affiliations

  • Center for Transnational Intellectual Property, Academic Director and Founder, Bucerius Law School , Hamburg, Germany

    Dana Beldiman

  • Researcher, Center for Transnational Intellectual Property, Bucerius Law School, Hamburg, Germany

    Constantin Blanke-Roeser

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