Court of Justice explains when parts of complex products attract unregistered Community design right (Ferrari v Mansory Design)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

IP analysis: Ferrari, the famous automotive company, sued Mansory Design for infringing the unregistered Community design rights in its FXX K model. The German courts found that there were no unregistered Community design rights in the parts of the front of the car as claimed by Ferrari, and the design of the car as a whole was not infringed. Following a reference made by the Bundesgerichtshof in the appeal, the Court of Justice held that unregistered Community design rights can subsist in parts of a complex product if they are themselves individually visible. Written by Giles Parsons, partner, and Connor Griffith, associate, at Browne Jacobson LLP.