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Intellectual property and spare parts

Produced in partnership with Ben Mark of RPC , Georgia Davis of RPC and Ashleigh Fehrenbach of RPC

Practice notes

Intellectual property and spare parts

Produced in partnership with Ben Mark of RPC , Georgia Davis of RPC and Ashleigh Fehrenbach of RPC

Practice notes

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This Practice Note is intended to provide a summary as to how spare parts are dealt with for the main IP rights available under English Law (namely designs, trade marks, patents, copyright); together with examples of the way in which the law works in practice and pragmatic tips for both rights holders and those who make and/or sell spare parts.

What are spare parts?

A ‘spare part’ is an interchangeable part that is kept in an inventory and used for the repair or replacement of failed units. Spare parts are an important feature of logistics engineering and supply chain management, often comprising dedicated spare parts management systems and giving rise to markets specialising in the manufacture, supply and/or fitting of spare parts (including situations where spare parts are a key offering in the business, such as garages and repair centres).

Designs

The relationship between design rights and spare parts is closely interlinked given that a part of a product (not just the whole) can be protected

Ben Mark

Partner, RPC

Ben is a Partner in RPC’s Intellectual Property and Technology group and advises on all aspects of intellectual property protection and enforcement, with a focus on trade marks, passing off, copyright, designs and confidential information.��Ben works with clients across a wide range of industries, including food and drink, media, retail, online/e-commerce, financial services and insurance.

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Georgia Davis

Legal Director, RPC

Georgia is a Legal Director in RPC’s IP & Technology group and advises on contentious and non-contentious matters. She has particular specialism in disputes relating to both intellectual property (including trade marks, passing off, designs and copyright) and information technology. Has acted in reported cases including: Champagne Louis Roederer v J Garcia Carrion (trade mark infringement); Leofelis v Lonsdale (inquiry as to damages); Sir Robert McAlpine v Alfred McAlpine plc (passing off).

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Ashleigh Fehrenbach

Solicitor, RPC

Ashleigh is a Senior Associate in the IP and Technology team. With a particular focus on advisory and transactional matters, Ashleigh has acted for various of the firm's key clients on strategic consultations and corporate transactions.

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Ashleigh's particular focus is on trade marks, copyright, passing off, designs and confidential information.��She also routinely supports clients on technology and commercial matters in relation to IP licensing and general "BAU" commercial contracts involving technology, commercial brands, media and entertainment.

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Ashleigh is the Co-Editor of the Communications Law Bulletin and regularly authors articles on intellectual property.��She has been published in the Entertainment Law Review and has guest lectured at the University of Technology, Sydney on Consumer Law, with an emphasis on advertising and marketing trends and regulations.��

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Jurisdiction(s):

United Kingdom

Key definition:

Intellectual property definition

What does Intellectual property mean?

The trade secrets of an employer that are normally protected as registered trade marks, designs or copyright.

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