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FeedU.S. House introduces bill to reduce OEM parts patent protection
Feb. 3, 2012—U.S. House Committee members Darrell Issa (R-Calif.) and Zoe Lofgren (D-Calif.) on Thursday introduced legislation to protect consumer access to alternative collision repair parts, according to the Quality Parts Coalition (QPC).
The proposed House bill, known as the Promoting Automotive Repair, Trade, and Sales (PARTS) Act, would amend title 35 of the current U.S. design patent law. The amendment would reduce the time period when auto manufacturers are able to enforce design patents on collision repair parts against alternative suppliers from 14 years to 30 months. The period for such enforcement would begin when auto manufacturers first introduce a vehicle model containing patented parts, according to the QPC.
The amendment would enable relatively quick access to affordable part substitutions for American car owners, prevent auto manufacturer monopolies on repair parts and preserve competition in the parts market, the QPC said. Australia and various European countries have already passed similar repair clause laws.
"The Quality Parts Coalition praises U.S. Representatives Issa and Lofgren for their leadership in protecting the rights of American drivers," said Eileen Sottile, executive director of the QPC. "We urge Congress to pass this bill so that consumers can continue to have access to affordable, quality alternative replacement parts."
The QPC on Friday launched a "Write Congress" widget on its website to encourage consumers and industry leaders to tell Congress they support the bill. The QPC said it is also working with members of the U.S. Senate Judiciary Committee to introduce a companion bill in the near future.
The QPC said consumers have benefited from the availability of alternative auto replacement parts for more than 60 years, and competition in the collision parts industry saves consumers roughly $1.5 billion a year. But car companies, which control more than 72 percent of the market, are trying to block competition by enforcing design patents against the alternative collision parts industry. If auto manufacturers’ efforts are successful, the QPC said American vehicle owners will be left with limited options when repairing their vehicles, which would result in higher repair costs, more total losses and increased insurance premiums.
The QPC represents the independent parts industry, repairers, insurers, consumers and seniors. The organization’s goal is to develop and secure a permanent legislative change to U.S. design patent law to protect consumer access to alternative replacement parts and preserve competition.
For more information, visit KeepAutoPartsAffordable.org.
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Reader Comments:
Gee! Another misguided piece of Big Government intervention.
Did anyone tell the dear congress people the most if not A/M collision parts are inferior to OEM? I have no problem with people fixing their own vehicles with any part that they should choose, but all this will do is create even more presure from our dear insurance industy to do more sub-standard work. What right does Government have to tell a manufacturer that their patents don't matter? What did it cost them to research and develop the parts? If they get no return on the investment why should they develop anything new? Government tells them they have to meet all of these standards that cost a fortune to meet then some Chinese knock off has to do none of this. Congress needs to butt out and take care of things that need done that are way more important.
well the poor little chinese have to eat and there is always room for a/m parts money in the good ole boy house and senate back pockets besides they do not have to use the parts they are driven around by government vehicles
I understand your position,bodyshop and masterbw. You both are concerned that you may not make as much money on your customer's repairs. What you need to realize is that Congress needs to do what is best for the general public and not just the repair shops. I applaud Congress for working on consumer friendly lesiglation which will help the American consumer afford costly repair bills in there tough economic times. The aftermarket industry has over a 60 year history of safety and its about time the pathway is cleared more affordable repairs.
Gee Mitch, if you had a clue what you were even talking about, I might care. Mitch for your information if a body shop was only out for profit and not quality then we would use aftermarket parts all day long. The profit margins are much higher with aftermarket parts. They have to do that just to intice a repairer just to attempt to use these parts. It is all about quality and safety. Might want to do your homework before you speak on an industry, in which you have no clue.
Actually Donald, I know that before the insurance companies even knew about aftermarket parts, the collision industry was being paid for the over priced oe parts and putting on aftermarket. What bothers you guys is that once the insurance company found out that there was a safe, affordable option to oe, they now write the estimate with some aftermarket parts. The bottom line is the consumer needs to have affordable options.
Mitch they do now. The insurance companies are the ones taking away the consumers choice. The vehicle owner owns the car, they are the ones that get to pick and choose what parts they want. I guess you work for the insurance industry huh Mitch? So since you are holding todays shops to the same ole song and dance of 50 years ago shops defrauded insurance companies and never did what they charged for. BORING get a clue. Shops that do this today put themselves out of business in which they should go. What bills like this do is hamper a quality repair. If the aftermarket companies were held to the same testing standards os the oem's, there is now way that there would be as much cost savings. Your reply.....
The insurance industry is the one that would benefit from this bill. They charge a price for insurance, then after your car is over 1 year old, they say we will only repair your car with what they call a quality replacement part (thats a joke) and they have not given you any reduction in what they are charging customer for insurance, so they are the only ones who come out ahead and consumer gets their car patched up with some foreign crap that is not near the quality are equal to the oem in safety
The consumer is the one who benefits from this bill. Aftermarket parts meet the same federal standards as the oe replacement parts and are manufatured in the very same plants in Asia. The recent crash testing showed that aftermarket parts performed as well as the oe parts. Many people can't afford to repair their vehicles with oe parts. Have you ever bought anything in the service department of a dealer or had work performed out of warranty at a dealership? It is all over priced! Same holds true for the oe parts... Consumers need to have options.
Follow the money on this one. There is a place and a need for inexpensive after market parts. But this Bill is about saving insurance companies money. What we need is Chineese Isurance companies to bring rates down.
I think what they need to do is to get a new law selling the insurance policy where from the first time when they sell an insurance policy is ask the customer in case of an accident what do you want? do you want quality parts or cheap parts? and then they can get for what they pay that way we don't have to fighting with the insurance companies and customers about quality work for parts and we need to put a law or agreement about the other different cases like if the other party has to pay my damage how do I want to get my car repair and I think this will be:
1;5years old the car or newer OEM parts
2;6 years old or older recycled parts or aftermarket if they are available
3;if the aftermarket part dont fit right get recycler part
4;if recycler part is not good quality or not available get OEM
and there is more that we need to talk about any body knows when is going to be a meeting about this I would to attend.