The Federal Court of Justice (BGH) wants to decide on Thursday whether Birkenstock sandals are copyrighted works of art.
The shoe manufacturer, headquartered in Linz am Rhein in Rhineland-Palatinate, had sued three companies that sold similar sandal models to their own. Birkenstock sees this a violation of copyright.
Copyright initially gives the so -called creator of a work the exclusive rights of use on this property. Third parties must not reproduce or reproduce it without permission. The protection remains up to 70 years after the author’s death. Written works, films, computer programs or works of art are protected.
Birkenstock is convinced that his sandal models are protected by applied art and as such. The Cologne Higher Regional Court last saw it differently. The sandals did not meet the requirements for one work, according to the court. No artistic achievement could be determined.