수리부품디자인의 보호에 관한 국제적 동향과 과제

A study on the international trends and problem of Repair Parts Design Protection

Companies supplying parts cannot manufacture a car door that an automobile company has the design rights if the car door is damaged in the accident. In the aftermarket, the companies supplying parts have to buy the car door to the automobile company that has the design rights. Therefore, it is hard for the companies supplying parts to participate in the market. Consumers and insurance industry also suffer when the market is monopolized by a few companies. The regimes of design law for the automobile industry depends on the diverse interests between countries. More to the point, there is no enforceable regulations under the provisions of the spare parts in the international treaties. Therefore, each country needs to consider the reduction of the period of protection for repair parts to minimize harmful effect of spare parts. It is also required the introduction of license agreement to the companies supplying parts in the conditions of payment after a period of years. This study is to review the background of the provision of the repairs and the trends of repair parts design protection in each country. Also, the study presents a few opinions to win antitrust clearance and to protect the design of repair parts. The introduction of license agreement to the companies supplying parts in the conditions of payment is required after a period of years. It will require the reduction of the period of protection for repair parts to minimize harmful effect of spare parts. And the introduction of license agreement to the companies supplying parts in the conditions of payment is needed after a period of years.