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What is Repair Defence in Auto Parts Dispute about?

Section 72 of the Australian Designs Act 2003 allows for a repair defense that permits the sale of spare parts for complex products without infringing on registered designs, promoting competition and lower costs. In the case GM Global Technology Operations LLC v S.S.S. Auto Parts Pty Ltd, Holden sued SSS for importing unlicensed replicas of its car parts, claiming design infringement. SSS defended itself by citing the repair defense, arguing that the parts were intended for repair purposes.

Author

quayeroselyn3

Language

EN