January 27
2022
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Dolores Utrilla
Dolores Utrilla
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4th November 2021
Data, Tech & IP Internal Market

Analysis: “Partial designs can be protected by publication of the whole product  – Ferrari (C-123/20)” by Marc Mimler

Background

By its judgment in Ferrari (C-123/20), issued on 28 October 2021, the Court of Justice provided important guidance on the protectability of designs in parts of a product (partial designs). The underlying litigation commenced in Germany, where the car manufacturer Ferrari sued a car tuning company and alleged the infringement of its unregistered design rights in relation to the Ferrari FXX K (prize around 2 million euros). This racetrack car had been presented in a press release in December 2014. The tuning company manufactures and sells ‘tuning kits’ which make the significantly cheaper Ferrari 488 GTB look like the more prestigious FXX K model. Ferrari argued that this would amount to infringement of several unregister

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