BGH: Birkenstock sandals are not art – When does design enjoy copyright protection?
Birkenstock is world-famous for its sandals – but they are not protected by copyright. The Federal Court of Justice (BGH) has ruled that they are not a work of applied art and are therefore not protected by copyright (judgment of 20.02.2025 – I ZR 16/24; I ZR 17/24; I ZR 18/24).
But what does this mean for companies and designers? How can it be determined whether a design enjoys copyright protection? And why is this relevant?
Copyright in applied art – the criteria
In principle, everyday objects such as furniture or fashion can also be protected by copyright. Two criteria are decisive:
Free creative decisions: The creator must have and use creative freedom in the design.
Artistic expression: The design must go beyond mere craftsmanship or technical specifications and reflect the personality of the creator.
In the case of Birkenstock sandals, the BGH did not consider these requirements to be fulfilled. Although they have a high recognition value, their design mainly follows functional and ergonomic requirements.
Design vs. art – why is this so important?
Whether a design is considered “art” or “design” has substantial consequences for the scope of protection:
| Criterion | Copyright (art) | Design law (registered design) |
| Start of protection: | Automatically with creation | Registration required |
| Duration of protection: | Lifetime + 70 years | Max. 25 years (renewable every 5 years) |
| Scope of protection: | Very far-reaching | Limited to aesthetic design |
This means that a copyrighted work of art can remain protected for generations, while a design becomes public domain after 25 years at the latest. So, if you think your product is “iconic”, you should check carefully which property right is the best fit.
How can companies protect their design?
Even if copyright law does not apply here, there are other means of protection:
- Design right: Secures the external appearance of a product for a maximum of 25 years.
- Trademark law: A shape trademark can grant protection if the design has a strong distinctive character.
- Competition law: Protection against imitations may exist in certain cases via the Unfair Competition Act.
Conclusion: Long-term protection requires a smart strategy
The decision of the BGH shows that not every iconic design enjoys copyright protection. Anyone seeking long-term protection should look into alternative property rights at an early stage.
Our ASD|INTELLECTUAL PROPERTY team has many years of experience in the field of intellectual property and competition law.
We provide our clients with all-round advice throughout the life cycle of products and projects, from the idea through the development of the appropriate legal protection to successful proceedings in court and out of court to defend against violations of your rights.
Authors: Thomas Hertl und Inka Kastning