Ferrari SpA v Mansory Design Holding GmbH

Subject Matter

DESIGN — Unregistered design — Conditions for protection — Claimant presenting new car to public in press release containing photographs of car in its entirety — Claimant subsequently claiming designs of elements of car’s bodywork protected by unregistered Community designs — Designs protected if made available to public and satisfying requirement of individual character — Whether press release constituting act of making designs available to public — Guidance on individual character requirement — Council Regulation (EC) No 6/2002, arts 4, 6(1), 11(2)

(Case C-123/20); EU:C:2021:889; [2021] Bus LR 1743; [2021] WLR(D) 545, ECJ

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