November 28
2021
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Trajan Shipley
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28th October 2021
Data, Tech & IP

Publication of photographs of a product makes it available to the public, Court of Justice rules

In its judgment delivered today in Ferrari (C‑123/20), the Court of Justice held that the publication of photographs of a product results in the making available to the public of a design on a part of that product or on a component part of that product, provided that the appearance of that part or component part is clearly identifiable at the time that design is made available.

The case concerned the presentation of Ferrari’s FXX K car model in 2014, which was done via a press release containing two photographs showing, respectively, a side view and a front view of that vehicle. On the basis of that, Ferrari brought claims against Mansory Design for their commercialisation of ‘tuning kits’ designed to make other Ferrari models res

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