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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.

Law. --- Automobile industry and trade. --- Industrial design. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Trade. --- Intellectual property --- International IT and Media Law, Intellectual Property Law. --- Industrial Design. --- Automotive Industry. --- Private International Law, International & Foreign Law, Comparative Law. --- European Law. --- International Economic Law, Trade Law. --- Law and legislation. --- Design protection. --- Copyright --- Design --- Design patents --- Design protection --- Designs --- Law and legislation --- Competition, Unfair --- Industrial design coordination --- Industrial property --- License agreements --- Patent laws and legislation --- Mass media --- Architectural design. --- IT Law, Media Law, Intellectual Property. --- Private International Law, International & Foreign Law, Comparative Law . --- Automotive industry --- Motor vehicle industry --- Structural design --- Mass media. --- Law—Europe. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Design, Industrial --- Mechanical drawing --- New products --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Mass communication --- Media, Mass --- Media, The --- Communication --- Civil law --- Commerce. --- Trade --- Traffic (Commerce) --- Economics --- Business --- Merchants --- Transportation --- Information technology --- Trade regulation. --- Private International Law, International and Foreign Law, Comparative Law. --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Technology and law --- Europe.