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The climate crisis has added circularity and sustainability arguments to those of competition and the consumer-friendly justification of limitations to design and trade mark rights. The increasingly widespread “right to repair” has changed consumer knowledge and understanding. This article presents the results of experimental studies on the perception of trade marks used in the commercialisation of spare parts and the impact thereof on how a product’s origin and quality are perceived. Against this background, there is a discussion of the recent referral by a Polish court, in case C-334/22, Audi, concerning the problem of spare parts that reproduce a trade mark as an element of the appearance of the part.

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