Activities of Patrick BREYER related to 2022/0392(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast)
Amendments (5)
Amendment 29 #
Proposal for a directive
Recital 34
Recital 34
(34) The repairability of products is at the core of a sustainable economy, as highlighted in the European Green Deal and in the resolution of the European Parliament of 12 July 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a framework for setting eco- design requirements for sustainable products and repealing Directive 2009/125/EC. The differences in the laws of the Member States on the use of protected designs for the purpose of permitting the repair of a complex product so as to restore its original appearance, where the product incorporating the design or to which the design is applied constitutes a form- dependent component part of a complex product, directly affect the establishment and functioning of the internal market. Such differences distort competition and trade within the internal market and create legal uncertainty.
Amendment 31 #
Proposal for a directive
Recital 35
Recital 35
(35) It is therefore necessary for the smooth functioning of the internal market and in order to ensure fair competition therein to approximate the design protection laws of the Member States as concerns the use of protected designs for the purpose of repair of a complex product so as to restore its original appearance through the insertion of a repair clause similar to that already contained in Regulation (EC) No 6/2002 and applicable to EU designs at Union level but explicitly applying to form-dependent component parts of complex products only. As the intended effect of such repair clause is to make design rights unenforceable where the design of the component part of a complex product is used for the purpose of the repair of a complex product so as to restore its original appearance, the repair clause should be placed among the available defences to design right infringement under this Directive. In addition, in order to ensure that consumers are not mislead but are able to make an informed decision between competing products that can be used for the repair, it should also be made explicit in the law that the repair clause cannot be invoked by the manufacturer or seller of a component part who have failed to duly inform consumers about the originidentity of the manufacturer of the product to be used for the purpose of the repair of the complex product.
Amendment 42 #
Proposal for a directive
Article 19 – paragraph 1 Directive
Article 19 – paragraph 1 Directive
1. Protection shall not be conferred on a registered design which constitutes a component part of a complex product, upon whose appearance the design of the component part is dependent, and which is used within the meaning of Article 16(1) for the sole purpose of the repair of that complex product so as to restore its original appearance.
Amendment 43 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Paragraph 1 cannot be invoked by the manufacturer or the seller of a component part of a complex product who failed to duly inform consumers, through a clear and visible indication on the product or in another appropriate form, about the originidentity of the manufacturer of the product to be used for the purpose of the repair of the complex product, so that they can make an informed choice between competing products that can be used for the repair. The ‘manufacturer’ is to be understood as defined in Article 3, point (8), of Regulation (EU) 2023/988 on general product safety.
Amendment 46 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3