09 Jan The introduction of a repair clause is delayed in France
On December 20, 2019, the Constitutional Council that Article 110 of the law on mobilities, which was intended to amend the intellectual property code and to introduce an at least partial “repair clause” in the law on designs, is unconstitutional. The reason is that this provision has no direct or indirect connection with the law on mobilities which was discussed before the Parliament. It is therefore a “legislative cavalier” and the Constitutional Council rejects this provision without analysing it in substance. The amendment of design law and copyright law was not, incidentally, the subject of the parliamentary appeal, but the Council may always raise the ground of legislative cavalier on its own initiative.
The introduction of a (partial) repair clause in French law is therefore postponed and copyright continues to apply to spare parts.
To be continued!