- EU—Advocate General considers unregistered Community design protection for partial designs (Ferrari v Mansory Design)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- ‘Making available’ of partial designs
- Legal criteria for protecting partial designs
- Case details
IP analysis: Advocate General (AG) Saugmandsgaard Øe has issued his Opinion in a request for a preliminary ruling considering, for the first time, the conditions in which the appearance of a part of a product may be protected as an unregistered Community design (UCD). The Opinion states that ‘making available to the public’ of the overall design of a product also amounts to the making available of the design of a part of that product if that part is clearly visible and identifiable, and there is no requirement to have made that part separately available. The AG also considers that a partial design can be protected separately from the overall product, provided that it is capable of being defined and identified by its lines, contours, colours, shapes or texture. He declined to impose additional requirements of ‘consistency of form’ or ‘autonomy’ to the criteria for protecting partial designs, as proposed by the referring court. The Opinion (if followed by the Court of Justice) will provide some welcome clarity on the circumstances in which parts of designs qualify for separate protection as UCDs. Written by Kaisa Patsalides, senior associate and Alex Vowinckel, professional support lawyer at CMS Cameron McKenna Nabarro Olswang LLP.
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