IP case law Court of Justice

Referral C-123/20 (Ferrari, 4 Mar 2020)

Can unregistered Community designs in individual parts of a product arise as a result of disclosure of an overall image of a product in accordance with Article 11(1) and the first sentence of Article 11(2) of Regulation (EC) No 6/2002?

If Question 1 is answered in the affirmative:

What legal criterion is to be applied for the purpose of assessing

individual character in accordance with Article 4(2)(b) and Article 6(1)of Regulation (EC) No 6/2002 when determining the overall

impression of a component part which - as in the case of a part of a

vehicle’s bodywork, for example - is to be incorporated into a

complex product? In particular, can the criterion be whether the

appearance of the component part, as viewed by an informed user, is

not completely lost in the appearance of the complex product, but

rather displays a certain autonomy and consistency of form such that it is possible to identify an aesthetic overall impression which is

independent of the overall form?

Case details on the CJEU website (external link)