FYI you posted a 2007-2012 CBR600RR tail light, which was always under the exhaust. Lights above the exhaust were all aftermarket until 2013+.Not sure if you found our answer yet or not, but it appears that this is how its been designed. Looking at other pictures it seems to be the norm
If you look at this guy's bike the tail light has been moved under the pipe, competition werkes makes these
[video=youtube;HiVvUuy3TCU]https://www.youtube.com/watch?v=HiVvUuy3TCU[/video]