August 03
2021
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Anjum Shabbir
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21st July 2021
Data, Tech & IP

AG Saugmandsgaard Øe: partial design when full view of product is publicly available can be protected as unregistered Community design under EU Regulation in Ferrari case

Advocate General Saugmandsgaard Øe advised the Court of Justice in Ferrari (C‑123/20) to rule that, when the full overall appearance of a product has been made available to the public (in this case, two photographs of the side and front view of the entire FXX K model Ferrari were published in a press release), then this means that individual parts of the product’s design have been made available to the public for the purposes of Article 11(2) of the Community Design Regulation 6/2002 and can be protected as an unregistered design - as long as the design was clearly identifiable when it was made available.

He also advised that a visible section of a product, defined by particular lines, contours, colours, shape or texture, counts a

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