this is not legal advice.

It is quite possible that GMH and Rare Spares have no legal grounds to prevent the manufacture of spare parts for old Holdens (or any other make), including parts that hold their mark (trademark).

Under the Designs Act 2003 there is a spare parts exclusion clause, which may allow these parts to be replicated for the purpose of restoration or repair of an automobile. This applies to ALL parts of a vehicle. The Act allows for the manufacture of any replacement part for a vehicle where that part is used "to restore its overall appearance in whole or part".

The only hiccup would be if GMH registered the design of the part prior to 2004 under the Designs Act 1905, in which case they have 16 years of design protection from date of registration (doubtful).

As in the other thread, it appears that Rare Spares are bluffing and their "exclusive licensing" (whether or not it exists, which they refuse to confirm or deny) means bubkiss when it comes to anyone else producing repro parts. In reality GMH can probably only go after you if you reproduce supplementary material, such as owner manuals and the like.

If you are considering making repro parts OR have received a nasty letter from GMH claiming infringement, I suggest you talk to a lawyer competent in IP Law.

this is not legal advice.

ref:

http://www.austlii.edu.a...th/consol_act/da200391/


http://www.austlii.edu.a...l_act/da200391/s72.html


http://www.ipaustralia.g...20Parts%20Provision.pdf

quote:

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Originally posted by wbute
They dont have exclusive rights to any parts.

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This is false. Prior to the introduction of the Designs Act 2003 Holden and Ford registered hundreds of parts including headlamps, bonnets, bumpers,indicator assemblys, etc etc etc to prevent other manufacturers from being able to produce competing parts for the smash repair industry.

quote:

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Originally posted by wbute
You have been able to buy aftermarket engine rebuild parts forever just to mention one part

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Parts such as pistons, bearings etc weren't able to be registered because they weren't sufficiently unique.

quote:

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Originally posted by wbute
However logo items would be different.No one would have permision to produce them unles Holden gave them authority

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This is what I am questioning, and under the Designs Act 2003 spare parts exclusion you may be wrong. This is what I am canvassing and unless you are an IP or Trademark lawyer your claim is just speculation. This has yet to be tested in a court. Section 72 of the Designs Act is quite clear - it provides complete defence against infringement

good comeback tard

Nice one Bob. I can add that it may be a case in point where it would be impossible for Rare Spares to claim in any way shape or form that their product/s is "as per original" as they are anything but from my experience. The original holden parts supplied as part of a Holden car back in the day were very different from the products RS have been and are pumping out nowadays. Any court would find that the RS product is not the equal of an original Holden part. A simple side by side comparison would allow even blind Freddy to see the differences.

That being the case, whoever can make any part as per original should be permitted to do so. This would allow old Holdens to continue to do the company proud by their presence in society.

RS does have a place in making parts to keep the hobby alive, but the claims made in the recent advertising connected with Holden are simply pure bs in a number of areas. I tasted bile in reading them.

It depends what you mean by "have to be restricted". Sure, they may "want" to restrict competition and may attempt to do this by various means such as intimidation, legal bluff, confusion etc but the question is whether or not they actually have any legal power to do so. The fact that RS have gone to ground over any of these questions would appear to support the view that it is all bluff and they don't have any power at all to stop anyone producing any part (bearing in mind the caveat of designs registered under the old Act which have not yet lapsed).

It appears that the only 'power' they have is to use the GMH logos on their blister packs and to sell through GMH spare parts distributors.