Discussion by Dr. Ralph Oliver Graef on the OLG Cologne decision of 26.1.2024, GRUR-RS 2024, 1143 – Birkenstock Sandalen
The decision deals with the requirements of the concept of a work of applied art and the distinction from design law; the case in question involved Birkenstock sandals. The background to the current proceedings concerning Birkenstock sandals before the Higher Regional Court of Hamburg and the Higher Regional Court of Cologne, and their diametrically opposed decisions in the instances, show how important it is to establish a uniform concept of work under European law. In particular, if objects were purely functional in their product history, copyright protection must be correctly denied.