The EU repair clause means that a design right cannot be used to stop the making or sale of a visible spare part whose shape depends on the product it fits, when the part is used only to repair that product and restore its original appearance. Under the EU design regulation the repair clause is now permanent (Article 22 of Regulation (EU) 2026/715); for national designs, Member States must bring in the same rule by 9 December 2027. It affects car makers and other original equipment manufacturers (OEMs), independent spare-part producers and Latin American suppliers exporting parts to Europe.
Key takeaways
- The clause covers only form-dependent component parts of a complex product, such as a body panel whose shape is dictated by the car, used for the sole purpose of repair.
- Part makers and sellers lose the defence if they do not inform consumers clearly about the commercial origin and identity of the manufacturer of the part.
- They do not have to guarantee how end users ultimately use each part, but they must take reasonable steps, especially contractual ones, to keep parts within repair uses.
- For national designs, Directive (EU) 2024/2823 lets Member States that protected such parts on 8 December 2024 keep protecting designs applied for before that date until 9 December 2032.
- The clause is a design-law defence only: it does not authorise copying trade marks or infringing patents.
What does the EU design repair clause say?
Article 22(1) of the codified EU Design Regulation, Regulation (EU) 2026/715, in force since 1 July 2026, provides that protection is not conferred on an EU design that constitutes a component part of a complex product “upon whose appearance the design of the component part is dependent”, where the part is used “for the sole purpose of repairing that complex product so as to restore its original appearance”. A complex product is one composed of multiple replaceable components that allow it to be taken apart and reassembled (Article 4(3)).
Two further paragraphs complete the rule:
- Article 22(2): the manufacturer or seller cannot invoke the clause if it failed to inform consumers, through a clear and visible indication on the product or in another appropriate form, of the commercial origin and the identity of the manufacturer, so that they can choose between competing parts.
- Article 22(3): the manufacturer or seller is not required to guarantee that the parts it makes or sells are ultimately used by end users only for repair restoring the original appearance.
The clause applies to both registered and unregistered EU designs (recital 28). The EUIPO summarised it on 1 July 2026 as an exception that applies exclusively to repairs, requires the replacement part to match the original appearance and depends on consumers being duly informed of the commercial origin.
Which spare parts are covered, and which are not?
Recital 28 explains that the legislator deliberately limited the clause to parts “upon whose appearance the protected design is dependent”, so that design rights cannot turn into a monopoly over the product itself. The EUIPO’s summary of the reform describes the scope as “now clearer”. In practice, the questions to ask are these:
| Question | If yes | If no |
|---|---|---|
| Is the part a component of a complex product that can be disassembled and reassembled? | Go to the next question | The clause does not apply |
| Is the appearance of the part dictated by the appearance of the complex product (for example, a wing or bonnet that must match the car’s lines)? | Go to the next question | The clause does not apply: parts whose shape the designer could choose freely, such as many accessories, remain protectable |
| Is the part used only to repair the product and restore its original appearance? | Go to the next question | The clause does not apply to upgrades, styling kits or changes of appearance |
| Does the part carry clear information on its commercial origin and manufacturer? | The repair defence is available | The defence is lost (Article 22(2)) |
Remember also that a component part is only protected by an EU design if it remains visible during normal use of the complex product, and normal use excludes maintenance, servicing or repair work (Article 5(2) and (3)). Hidden parts were never protectable as designs in the first place.
What information must spare-part makers give consumers?
Recital 28 specifies that the information should appear through a clear and visible indication on the product or, where that is not possible, on its packaging or in a document accompanying it, and should include at least the trade mark under which the product is marketed and the name of the manufacturer. The aim is that consumers are not misled and can make an informed choice between competing parts.
Recital 29 adds a duty of diligence, in line with the case law of the Court of Justice (joined cases C-397/16 and C-435/16, Acacia): the manufacturer or seller must ensure, through appropriate means and in particular contractual ones, that downstream users do not intend to use the parts for purposes other than repair. That duty stops short of a guarantee of the final use.
EU designs and national designs: what applies when?
| Right | Rule | Timing |
|---|---|---|
| Registered and unregistered EU designs | Article 22 of Regulation (EU) 2026/715 | Permanent provision, replacing the transitional clause of the former Regulation 6/2002 |
| National registered designs (for example, at the OEPM in Spain) | Article 19 of Directive (EU) 2024/2823 | Transposition deadline 9 December 2027 (Article 36) |
| National designs in Member States that protected spare parts on 8 December 2024 | Derogation in Article 19(4) of the Directive | Protection continues until 9 December 2032 for designs applied for before 8 December 2024 |
The EUIPO describes the Directive’s derogation as a transitional period of eight years. The result is that, until 2032, the position for a given part may differ between an EU design and an older national design in certain Member States. Any assessment of a spare-part range should check both layers.
What this means for your business
If you make or distribute spare parts, including suppliers in Mexico, Brazil, Argentina or Colombia selling into the EU:
- Mark each part, or its packaging if marking the part is impossible, with your trade mark and manufacturer name.
- Include repair-only clauses in distribution contracts and keep evidence of how you police them.
- Do not reproduce the OEM’s logos or trade marks on the part or in marketing beyond what is needed to identify compatibility.
- Check, market by market, whether older national design registrations covering the part can still be enforced until 2032.
If you are an OEM:
- Review your design portfolio: registrations for form-dependent visible parts lose much of their value against repair uses, while designs for whole products, accessories and freely designed parts keep it.
- Monitor the aftermarket for parts sold without origin information, or marketed for upgrades rather than repair, where the defence does not apply.
- Combine design, trade mark and, where relevant, patent rights instead of relying on one layer.
Our team for industrial design protection and portfolio reviews in the EU and Latin America can map which of your parts the repair clause affects.
Where companies get the repair clause wrong
- Assuming every spare part is free to copy. The clause covers only form-dependent parts used for repair, not accessories or styling parts.
- Selling unlabelled parts. Without clear origin information, the defence is simply not available.
- Forgetting trade marks. A part bearing the car maker’s badge raises a trade mark issue that the repair clause does not solve.
- Ignoring the national transition. In some Member States, national designs filed before 8 December 2024 can be enforced against spare parts until 2032.
- Leaving contracts silent. The duty of diligence is easier to prove with clear distribution terms; our IP licensing and enforcement team can draft and review them.
Frequently asked questions
What is the repair clause in EU design law?
It is a rule in Article 22 of Regulation (EU) 2026/715 under which design protection does not extend to a component part of a complex product whose appearance depends on that product, when the part is used solely to repair the product and restore its original appearance. The part maker must inform consumers of the commercial origin and manufacturer.
Does the repair clause apply to national design registrations?
Yes, once Member States transpose Article 19 of Directive (EU) 2024/2823, which they must do by 9 December 2027. Member States that protected such parts on 8 December 2024 may keep protecting designs applied for before that date until 9 December 2032.
Can I use the car maker’s logo on a replacement part?
The repair clause does not cover trade marks. It only limits design rights. Reproducing another company’s logo or trade mark on a part raises separate trade mark issues, so the safe course is to sell the part under your own trade mark and manufacturer name, as Article 22(2) in any case requires.
Can IP Global Guard review our spare-part range or design portfolio?
Yes. We assess which parts fall within the repair clause in the EU and in each relevant Member State, review labelling and distribution contracts, and coordinate design and trade mark filings or enforcement across Europe and, through local correspondents, Latin America and Africa, with one point of contact.
How IP Global Guard can help with spare parts and design rights
The repair clause changes what a design registration is worth on one side of the aftermarket and what a part maker must do to rely on it on the other. IP Global Guard, the intellectual property services line of META Channel Corporation Limited, works on design, trade mark and contract questions across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship; see our coverage across the corridor.
Send us your parts catalogue or the list of design registrations you want reviewed, and the EU markets where you sell. We will tell you where the repair clause applies and what needs to change. Contact our design and IP team.
This article is general information, not legal advice, and reflects the position on its publication date.
Sources
- EUR-Lex, Regulation (EU) 2026/715 on European Union designs (codification), OJ L of 30 March 2026
- EUR-Lex, Directive (EU) 2024/2823 on the legal protection of designs (recast), OJ L of 18 November 2024
- EUIPO, The modernised EU design legal framework is now fully applicable (1 July 2026)
- EUIPO, EU designs legislative reform: summary of changes applying from 1 July 2026 (July 2026)
