By Teghan O'Connell
On Thursday, February 20th, 2025, a German judge decided Birkenstock shoes could not be considered a work of applied art. The decision comes after a series of court proceedings set in motion by Birkenstock. The proceedings were kicked off by a lawsuit filed against three companies, who Birkenstock claimed were copying their designs and profiting from them. The issue Birkenstock ran into was that their patent had expired on those designs, sending them to public domain. As a response, Birkenstock filed for their shoes to be copyrighted as a piece of art[TO1] , therefore extending the length of the protection. [1]
With copyright, protection is extended from a maximum of 25 years with a community design patent, to 95 years from their creation, as Birkenstocks were created before 1978[TO2] . [2] This extended term would be ideal protection from knockoffs. However, the judge decided the creation of the shoes was not unique enough to be considered a work of art. [3]
[4] img
So, why do patents expire? And why do copyrights get longer protection?
In the US, the longest time a person can own a patent and exercise their right to exclude is 15 years for a design patent. The reason the patent expires is to promote innovation and competition in technological development. If one person owns a patent forever, exercising their right to exclude, then no one else could make developments to move technological development forward. [5] Copyrights don’t have this issue.
Trying to get their shoe design registered as a work of art was a smart move on Birkenstock’s part, but one which ultimately failed. Since the patent on a few styles of their shoes has expired, they will see more fakes on the market. It seems Birkenstock’s next step would be to appeal this decision or move on and create different styles of shoes.
[1] Sarah Cascone, No, Birkenstocks Are Not Works of Art, Rules German Court, artnet (Feb. 21, 2025), https://news.artnet.com/art-world/german-court-rules-birkenstock-not-art-2611722
[2] USCO, Chapter 3-Circular 92, US Copyright Office (Accessed Feb. 26, 2025), https://www.copyright.gov/title17/92chap3.html
[3] The Associated Press, Birkenstock sandals aren't art, just footwear, German court says after copycat lawsuit, CBC (Feb. 20, 2025, 8:50 AM), https://www.cbc.ca/news/business/birkenstock-sandals-art-german-court-1.7463649
[4] Journeys, Birkenstock Sandals and Clogs, Journeys (Accessed Feb. 24, 2025), https://www.journeys.com/brand/birkenstock
[5] Sheldon Brown, What Happens When A Patent Expires?, Patent Experts (Nov. 10, 2021), https://patentexperts.org/patent/faqs/patent-expiration/
[TO1]what does this mean?
[TO2]is this the same for a company