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Letter to the Editor
Tuesday February 26
House Judiciary Subcommittee Holds Design Law Hearing
A hearing was held in mid-February by the U.S. House Judiciary’s Subcommittee on Courts, the Internet, and Intellectual Property titled “Design Law: Are Special Provisions Needed to Protect Unique Industries?” The hearing focused on the fashion and automotive industries.Representing the Alliance of Automobile Manufacturers was Carl Olsen, president of Ark Design. During his testimony, Olsen said, “Designing a new vehicle is not cheap. It requires a team of well-trained, talented designers working in competition, proposing a large number of creative solutions. Each part – from headlamps to door handles – receives tender, loving care. This methodology assists management to make rational decisions on the final appearance of a new vehicle. It costs hundreds of millions of dollars to create unique, distinctive exterior designs for vehicles. Industrial design protection for the auto industry projects numerous high-paying design and manufacturing jobs and also the automobile industry’s huge investment in the United States is consistent with the underlying policy goals of U.S. intellectual property law. Those seeking to weaken American Intellectual Property protection do not create their own designs. They exist only to make exact copies of parts designs they did not create.”
Jack Gillis, director of public affairs for the Consumer Federation of America, said, “The lack of competition for repair parts will result in several problems for consumers. For example, high repair costs will lead to more vehicles being ‘totaled’ because the price of repairing the damage exceeds the value of the vehicle. High repair costs will lead to higher insurance premiums. Furthermore, when faced with expensive repairs and a limited budget, consumers may forego important car repairs such as replacing a headlight or a broken side mirror – items essential for safe driving. Unless Congress addresses the automakers’ use of design patents on their crash parts, the American public will be faced with mounting repair bills, more ‘totaled’ vehicles, increasing insurance costs, and deferring necessary repairs affecting safety.” Gillis claimed that a solution to this “increasingly unfair, unacceptable, and unnecessary mess is for Congress to adopt a ‘repair clause’ in the design patent law that would preserve the consumer’s access to a competitive marketplace for quality alternative crash parts.”
The Automotive Service Association (ASA) is the largest not-for-profit trade association of its kind dedicated to and governed by independent automotive service and repair professionals. ASA serves an international membership base that includes numerous affiliate, state and chapter groups from both the mechanical and collision repair segments of the automotive service industry. ASA’s headquarters is in Bedford, Texas.
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