Brinks Attorney Kelly Burris Testifies against H. R. 3889, PARTS Act
Tells Lawmakers “PARTS Act” Would Drastically Reduce Design Patent Protection for Automotive Repair Parts
ANN ARBOR – Kelly K. Burris, a shareholder in the Ann Arbor office of Brinks Hofer Gilson & Lione, testified as an expert witness at a hearing of the House Judiciary Committee Subcommittee on Intellectual Property, Competition and the Internet regarding H.R. 3889, “the Promoting Automotive Repair, Trade, and Sales Act” (“PARTS Act”) by Reps. Darrell Issa (R-CA) and Zoe Lofgren (D-CA), on August 1, 2012.
PARTS allows for the blanket manufacture, testing, importation and pre-sale distribution of repair parts that would otherwise infringe a design patent for automotive “component parts” 30 months after the patented part is offered for sale.
Ms. Burris opposed the PARTS Act in her testimony. She acknowledged that H.R. 3889’s supporters claim that consumers “need options,” but stated that the bill would "drastically" reduce original equipment manufacturers’ (OEMs) design patents on automotive repair parts from 14 years to less than 30 months.
“Instead of a quid pro quo, this legislation amounts to a quid pro nihil, or something for nothing for design patent applicants,” said Burris, adding that consumers have many options for repairing and replacing automotive parts without a wholesale taking of the rights of industrial designers.
Burris also suggested that non-OEM suppliers should not be allowed to "take the easy road and copy the patented design," and should instead be required to develop a “design around” just like every other industry, adding that non-OEM parts will likely be lower quality and present safety risks, absent necessary controls on their specifications.
Burris testified on behalf of the Alliance of Automobile Manufacturers, a Washington, D.C.-based trade association representing 12 OEMs, including the Detroit 3, and was selected for her technical background, legal expertise on intellectual property and design patents, and previous publications in which she had articulated her opposition to the legislation. Writing in February 2012 in opposition to the PARTS Act, Burris cautioned that such a drastic reduction on the term of design patent protection creates a slippery slope that could ultimately threaten protection on other forms of intellectual property.
When asked by Sheila Jackson Lee (D-TX) during the hearing’s question and answer session if the automobile industry could support the bill if revisions were made to it, Burris responded that the industry could not support the bill under any circumstances.
“This proposed legislation would be incredibly damaging for holders of design patents and ultimately diminishes not only the value of a design patent but the spirit of innovation that drives the creation of intellectual property in all forms,” stated Ms. Burris. “If the bill is allowed to pass, original equipment manufacturer (OEM) patentees of automotive parts will effectively suffer a complete obliteration of their design patent rights.”
"This legislation is moving in the wrong direction at the exact time that the auto industry is one of the few bright spots in the economy," added Burris.
Brinks Hofer Gilson & Lione
Brinks has more than 140 attorneys, scientific advisors and patent agents who specialize in intellectual property, making it one of the largest intellectual property law firms in the U.S. Clients around the world use Brinks to help them identify, protect, manage and enforce their intellectual property. Brinks lawyers provide expertise in all aspects of patent, trademark, unfair competition, trade secret and copyright law. The Brinks team includes lawyers with bachelors and advanced degrees in all fields of technology and science. Brinks has offices in Chicago, Washington, D.C., Research Triangle Park, Salt Lake City, Ann Arbor and Indianapolis. More information is available at www.usebrinks.com.
Jennifer Harris
Clovis, Inc.
312.346.1700
jharris@clovisinc.com
Beth O'Mahoney
Brinks Hofer Gilson & Lione
312.840.3145
bomahoney@usebrinks.com
Brinks Hofer Gilson & Lione
Brinks has more than 140 attorneys, scientific advisors and patent agents who specialize in intellectual property, making it one of the largest intellectual property law firms in the U.S. Clients around the world use Brinks to help them identify, protect, manage and enforce their intellectual property. Brinks lawyers provide expertise in all aspects of patent, trademark, unfair competition, trade secret and copyright law. The Brinks team includes lawyers with bachelors and advanced degrees in all fields of technology and science. Brinks has offices in Chicago, Washington, D.C., Research Triangle Park, Salt Lake City, Ann Arbor and Indianapolis. More information is available at www.usebrinks.com.
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