Design protection for components requires a careful distinction between appearance, technical function and repair. We advise manufacturers and aftermarket suppliers on filing and infringement risks.
The decisions that matter
A component may combine aesthetic choices with features dictated by technical function. Connection requirements, visibility in normal use and the role of the part in a complex product can affect the analysis. A technical product is not automatically outside design law.
Apply the repair rules precisely
The EU repair clause is not a general permission to copy every component. The purpose of restoring the original appearance and the applicable conditions matter. National systems and transitional rules must be checked separately.
Coordinate design and other rights
Patents, trade marks, copyright and unfair competition may raise independent issues even where a design-law defence is available. Product labelling and customer information should be considered alongside the physical part.
Technical function and design freedom
A design may contain both technically constrained and freely chosen features. The assessment should identify the feature and the reason for its form, rather than label the entire product technical or aesthetic. Patents, engineering documents and alternative shapes may be relevant evidence, but the legal test must be applied to the particular right and jurisdiction.
Repair is a defined legal category
A component used to restore the original appearance of a complex product raises different questions from a styling accessory or an upgraded replacement. The applicable repair provision, information duties and transitional rules need to be checked. EU reform does not make every spare part freely marketable, and national regimes may still differ during implementation.
Additive manufacturing and other rights
A 3D printing file, the physical replacement part and the act of supplying it may raise distinct issues. Review the design claim alongside patents, trade marks, copyright, contractual restrictions and product compliance. Availability of a design-law exception does not settle every right affecting the part or its marketing.
Three aftermarket projects
A replacement body panel intended to restore a vehicle’s appearance needs a different analysis from a custom styling kit. A machine cover may involve visible features and technically dictated connectors. A repair service sharing CAD files should assess the file-related acts separately from the sale of a finished component.
What we need to begin
Useful starting material includes clear product images or drawings, the intended applicant, designer and ownership information, planned countries, earlier filings and all known disclosure dates. Tell us whether the product is a prototype, a final production model or a family of variants, and identify the commercial deadline.
Scope, fees and next steps
We first identify the legal question and the information needed to answer it. The proposed scope distinguishes filing or analysis, office correspondence, negotiations and proceedings, together with official charges and any foreign-adviser work. You receive a matter-specific proposal before the agreed steps are taken. Where another jurisdiction is involved, we coordinate with local advisers as required.
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Legal resources
Official guidance and legal framework. The applicable right, filing date and jurisdiction determine the detailed rules. Editorial review: 11 November 2026.