The Access to Repair Parts Act, H.R. 3059, is soon to be considered in the U.S. House of Representatives Committee on the Judiciary. The legislation would amend U.S. patent code so that it wouldn’t be an act of design patent infringement to manufacture or distribute alternative repair parts for the purpose of repairing a vehicle to its original appearance.
Supporters of the legislation include the Quality Parts Coalition and the Consumer Federation of America, which say OEMs are attempting to establish a monopoly over crash parts, creating an unfair consumer climate.
“It is simply not fair for consumers to be forced to pay monopolistic prices for needed crash repair parts,” said Jack Gillis, director of public affairs, Consumer Federation of America, and Certified Automotive Parts Association executive director, when the bill was introduced in June 2009. “For example, Ford charges the same price for a fender as Dell charges for a high speed computer and flat screen monitor and a Sears two-door, refrigerator/freezer with an icemaker is the same price as an unpainted door skin from Chrysler. The fact is, computers and refrigerators, are less expensive and better today than five years ago for one reason – competition.”
The Automotive Service Association (ASA) says it opposes this legislation because it makes no assurances for the quality and safety of non-original equipment manufacturer (non-OEM) parts, and because the bill would deny businesses the ability to rightfully protect their intellectual property.
ASA, along with other associations, wrote a letter in 2009 opposing the bill.
In the Nov. 18, 2009, letter to the House and Senate Judiciary Committees, signors said: "Manufacturers of unlicensed automobile parts have to meet only one basic threshold, to produce a copy that looks similar to an original part. Those who produce such parts incur no costs attributable to original design, research and development and most importantly, product safety testing. Accordingly, the manufacturer of the original product for whom such unlicensed replacement parts are made does not know how these parts will perform and how their use will impact the quality and integrity of the original product. Automotive collision repairers are very concerned about the quality of replacement crash parts. Permitting this intellectual property infringement also exposes consumers to significant safety, performance or durability risks."
More information:
• Quality Parts Coalition
• ASA’s legislative Web site, Taking the Hill
• BodyShop Business tracks growing industry concern over the safety of stuctural aftermarket crash parts
