IP Experts LIVE: Webinar for IP Professionals
IP Experts LIVE is a webinar series by BARDEHLE PAGENBERG (see our program PDF).
Our experts will provide you with insights on selected aspects of German and European IP law with a focus on practical and strategic guidance. At the end of each seminar, there will be a Q & A session.
L’art pour l’art? Copyrights for works of applied arts in the light of the German Federal Court of Justice’s Birkenstock decisions
On February 20, 2025, the German Federal Court of Justice rendered three decisions regarding copyright protection for the Birkenstock sandal models Madrid, Arizona, Boston, and Gizeh. Some say that with these decisions, the FCJ turns back time, making it more difficult to claim copyright protection for works of applied art. Is this true? And which impact can be expected from the upcoming decisions of the Court of Justice in two cases regarding copyright-related referrals coming from Sweden (Dining Chair) and Germany (USM-Haller)?
Dr. Philipe Kutschke and Dr. Henning Hartwig will address the following aspects:
- What are the requirements for works of applied art?
- Which factors should be considered in answering the question of whether the work reflects the author’s free and creative choices?
- Are the Birkenstock decisions in line with EU case law?
- What can be expected from the referrals that are still pending with the CJEU in the cases USM-Haller (Germany) and Dining-Chair (Sweden)?
- CJEU Vitra ruling
To get up-to-date answers to these questions, please register for this webinar.
