The Gauteng High Court recently heard a case that'll have
serious implications for the vehicle and insurance industries. The
issue – can a vehicle manufacturer (in this case BMW) use
design registrations to stop the sale of 'replacement
parts', in other words cheaper replica parts that are
manufactured by other companies? Two questions arise:
First, are design registrations for car parts like bonnets,
grills and fenders valid? No, say the sellers of replacement parts,
car parts are excluded from Functional Design registration, which
is why vehicle manufacturers like to register them as Aesthetic
Designs, designs that 'appeal to and are judged solely by the
eye'. But, although a Beemer might look OK and may be validly
registered as an Aesthetic Design, the individual parts aren't
judged visually but are rather dictated by function – a BMW
bonnet can only look one way to perform its function as a spare for
a BMW. Nonsense say the Bavarians, in the luxury car market
