Acacia v Pneusgarda: right to repair & Community designs
09 January 2018
The relationship between the need to repair an item and the intellectual property rights vested in that item is a vexed one, particularly as the market for spare parts can be lucrative.
In Acacia v Pneusgarda, the Court of Justice of the European Union (CJEU) has provided guidance on the repair provisions of the Community Design Regulation.
Here, the question was, among other things, whether the manufacture and supply of replacement alloy wheels for cars fell within the right to repair exception. Broadly agreeing with the advocate general’s opinion, the CJEU indicated that it may, albeit subject to conditions.
Case details at a glance
Jurisdiction: European Union
Court: Court of Justice of the European Union
Parties: Acacia Srl v Pneusgarda Srl, in insolvency, Audi AG (C-397/16), and Acacia Srl, Rolando D’Amato v Dr. Ing. h.c. F. Porsche AG (C-435/16)
Date: 20 December 2017
Citation: ECLI:EU:C:2017:992, EU:C:2017:992,  EUECJ C-397/16
Link to full decision: http://dycip.com/acacia397