The same problem arose in the case of the EC directive. ‘Must fit’ parts were covered, but the original version of the draft directive lacked anything remotely like the ‘must match’ exception. However, by the time the Commission came to publish its proposal in the Official Journal (OJ 1993 No C 345/14, 23 December 1993) it included a ‘repair clause’:

doi:10.4324/9781843142928-79

Chapter

The same problem arose in the case of the EC directive. ‘Must fit’ parts were covered, but the original version of the draft directive lacked anything remotely like the ‘must match’ exception. However, by the time the Commission came to publish its proposal in the Official Journal (OJ 1993 No C 345/14, 23 December 1993) it included a ‘repair clause’:

Chapter

ABSTRACT

The rights conferred by a design right shall not be exercised against third parties who, after three years from the first putting on the market of a product incorporating the design or to which the design is applied, use the design under Article 12, provided that:

(a) the product incorporating the design or to which the design is applied is part of a complex product upon whose appearance the protected design is dependent;

(b) the purpose of such a use is to permit the repair of the complex product so as to restore its original appearance; and

(c) the public is not misled as to the origin of the product used for the repair.

Article 14 Use of a design for repair purposes