Recital (28)

Directive (EU) 2024/2823 of the European Parliament and of the Council harmonised the laws of Member States as regards 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 design is applied to or incorporated into a product which constitutes a component part of a complex product upon whose appearance the protected design of the component part is dependent. Accordingly, it was considered that the transitional repair clause that was previously laid down in Regulation (EC) No 6/2002 should become a permanent provision. As the intended effect of that repair clause is to make registered and unregistered EU design rights unenforceable where the design of the component part of a complex product is used for the purpose of repairing a complex product so as to restore its original appearance, the repair clause should be one of the defences to EU design right infringement under this Regulation. Furthermore, for the sake of coherence with the repair clause laid down in Directive (EU) 2024/2823, and in order to ensure that the scope of design protection is only restricted to prevent design right holders from actually being granted product monopolies, it is necessary to explicitly limit the application of the repair clause laid down in this Regulation to component parts of a complex product upon whose appearance the protected design is dependent. In addition, in order to ensure that consumers are not misled and are able to make an informed decision between competing products that can be used for the repair, it should be explicitly provided for that the repair clause cannot be invoked by a manufacturer or seller of a component part who has failed to duly inform consumers about the commercial origin, and the identity of the manufacturer, of the product to be used for the purpose of repairing the complex product. That detailed information should be provided through a clear and visible indication on the product or, where that is not possible, on its packaging or in a document accompanying the product, and should include at least the trade mark under which the product is marketed and the name of the manufacturer.