In a recent announcment on February 20, 2025, the German Federal Court of Justice (BGH) decided that the well-known Birkenstock models “Arizona,” “Madrid,” “Boston,” and “Gizeh” do not enjoy copyright protection. Our lawyer, Dr Ricardo Vocke-Kerkhof, has analyzed this landmark decision in GermanLawInternational.
Not Considered “Works of Applied Art”
The BGH’s decision followed several appeal revisions and confirmed the opinion of the Higher Regional Court of Cologne. According to the announcment, Birkenstock’s sandal models do not qualify as “works of applied art” under § 2 (1) No. 4 of the German Copyright Act (UrhG). The court emphasized that while the design of these models may be aesthetically appealing, it does not demonstrate the artistic use of creative freedom required for copyright protection.
Distinction Between Copyright and Design Protection
The case highlights the legal differences between copyright and design protection. While copyright requires a personal intellectual creation, design law protects the external form of a product. Since the design of Birkenstock sandals is largely determined by functionality and does not exhibit sufficient creative freedom, the court denied copyright protection.
Implications for the Protection of Utility Objects
The announcement reaffirms the BGH’s previous case law: utility objects can only be protected under copyright in exceptional cases. The key factor is proving that the designer consciously exercised artistic freedom during the creative process. For companies and designers, this means that complementary protection through design and trademark rights can play a crucial role in safeguarding intellectual property.
Read the full article: https://www.germanlawinternational.com/intellectualproperty/intellectual-property/german-federal-court-of-justice-dismisses-copyright-protection-of-specific-birkenstock-sandals-163770/
