The decision of the BGH (Bundesgerichtshof; German Federal Court of Justice) of 20 February 2025 (Ref. I ZR 16/24; I ZR 17/24; I ZR 18/24) concerns the copyright protection of Birkenstock brand sandals and provides an important clarification of the requirements of Section 2 (1) No. 4, (2) UrhG with regard to works of applied art.
The core issue was whether the plaintiff’s sandal models can enjoy copyright protection as works of applied art. The BGH confirmed the opinion of the OLG (Oberlandesgericht; German Higher Regional Court) that the sandals did not reach the required level of design to be recognised as works protected by copyright. It was emphasised that the copyright protection of works of applied art requires a free, creative scope of design that is not restricted by technical requirements or other specifications. The BGH went on to state that a work of applied art must require a certain individuality and artistic design, which was not present in the sandal models in this case.
This decision is important for companies in the fields of technology, fashion and design, as it makes it clear that copyright protection for products from the applied arts places rather high demands on creative design. The decision makes it clear that products that are merely crafted and show little individual artistic expression cannot enjoy copyright protection. This is particularly important for companies that want to protect their designs exclusively through copyright. This decision by the BGH therefore appears to strengthen the protection afforded by design law.
The decision refers to the relevant provision of Section 2 (1) No. 4, (2) UrhG, according to which works of applied art are only protected if they constitute a ‘personal intellectual creation’ and reach a certain level of design. It therefore remains important for practice that copyright protection cannot be applied arbitrarily to all designs, but requires a certain artistic achievement.
Consequently, it appears to be important for companies to choose the correct means of protecting their works. Our experts will be happy to support you in this far-reaching decision.