ausauto News Article

---

Protection for copy part manufacturers

 

In yet another sign of the diminishing political clout of the car manufacturers, a couple of 'repair clause' bills have been introduced in the US senate that if successful will allow manufacturers of aftermarket parts exemption from infringement of design patents.

 

In recent years, auto companies are said to have sought to limit competition for replacement parts by using US design patent laws to prevent aftermarket companies from producing copies of certain exterior parts such as bonnets and guards.

Ford won an International Trade Commission ruling that made the importation of aftermarket versions of seven Ford crash parts illegal.

The aftermarket parts industry, hit back by forming the Quality Parts Coalition (QPC) to fight legal attacks against aftermarket parts and to support the introduction of repair clause legislation.

The group now consists of dozens of member companies that include collision repairers and insurers in addition to aftermarket parts companies.

Earlier this year, a deal was struck between Ford and the LKQ Corporation where LKQ agreed not to challenge the validity of Ford's design patents in exchange for Ford granting LKQ the sole distribution rights of aftermarket versions of Ford parts protected by design patents.

According to the magazine Collision Week, if a repair clause law were to be enacted, aftermarket crash parts manufacturers would once again be free to provide a more affordable alternative to OEM replacement parts without fear of new patent infringement claims.