Interface between intellectual property law and competition law in the motor vehicles industry

The subject of this study is the competition restrictions caused by extension of design rights to spare parts of motor vehicles that is used to repair the vehicle so as to restore its original appearance, and approaches adopted in major legal systems and Turkish law in this regard. This study provides an overview of the types of intellectual property rights granting legal protection to design rights on spare parts, the restrictive effect of exclusionary powers vested in right holders and the legislative proposals developed in foreign legal systems to balance intellectual property rights policy and competition policy. In the light of the outcome of this analysis, this study concludes with evaluation of current Turkish design legislation and prominent judicial decisions, and with humble proposals to improve the current approach in Turkish legal system with respect to repair clause and its interpretation by the courts. Keywords: 1. Intellectual property 2. Competition law 3. Motor vehicles 4. Spare parts 5. Repair clause