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Coalition Letter to Berman |
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| The Honorable Howard L. Berman United States House of Representatives Chairman, Committee on the Judiciary, Subcommittee on Courts, the Internet and Intellectual Property Room 2138 Rayburn House Office Building Washington, D.C. 20515 Subject: Designs Protection Hearing, Thursday, February 14, 2008 Dear Mr. Chairman: The undersigned associations, coalitions and businesses fully support inclusion of an automotive “repair clause” in United States design patent law, so that the manufacturer and sale of alternative crash parts for the purpose of repairing an automobile is not considered an act of infringement. As a broad group of organizations representing the interests of American consumers, the independent automotive parts industry, the auto repair industry and the insurance industry, we commend your recognition of the importance of this issue as evidenced by the upcoming hearing. A “repair clause” will ensure freedom of consumer choice and the continued availability of affordable auto body parts simply by maintaining business as usual. On the other hand, a monopoly on replacement parts threatens the future vitality of an entire industry and many thousands of American jobs. Competition in the auto repair marketplace saves American consumers over $1.5 billion per year. The car company replacement collision parts your constituents typically need to repair their vehicles after a crash – bumpers, fenders, tail-lights and grilles – cost an average of 8 percent less when a quality alternative replacement part is available, and those alternative parts are approximately 25 percent less than equivalent parts manufactured by the big car companies. However, as the number of design patents obtained by the big car companies for crash parts skyrockets, so will the price of those parts if they continue to enforce their patents against alternative suppliers of crash parts. Further, without a repair clause, the largest influencer in the decision to use aftermarket parts – the insurance industry – estimates the rise in costs and “total losses” could require $1 billion or more each year to be passed on to consumers in the form of higher insurance premiums. For more than 50 years, American consumers have had a choice when repairing a damaged vehicle. A repair clause will maintain this much-needed balance. Your constituents will applaud your commitment to ensuring access to high-quality, low-cost replacement collision parts in the unfortunate event that they find themselves in a crash or fender bender. Thank you for consideration in this matter. |
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A&A Bumper & Fender Ltd. |
Eco Automotive Distributors Empire Auto Parts FAIA (Florida Automotive Industries Association) Felder’s Collision Parts Fond du Lac Bumper Exchange G&A Bumper Service Genera/TYC GP Automotive Parts, LLC Jerry’s Bumper Sales K.C. Auto Panel K.S.I. Trading Corp. Key Parts Inc. Keystone Automotive LKQ Corporation Maximum Auto Industry Micro Rim/Micro Platers NAMIC (National Association of Mutual Insurance Companies) National Autobody Warehouse OVAAA (Ohio Valley Automotive Aftermarket Association) Premier Flexipac Property Casualty Insurers Association of America QPC (Quality Parts Coalition) RetireSafe Richmond Bumper Roberts Wholesale Body Parts Salt Lake Chrome Plating San Jose Trading Company Superior Collision Part |
