Copyright protection in fashion: a comparative analysis of two recent key rulings in EU

Copyright protection in fashion: a comparative analysis of two recent key rulings in EU

Journal article

1 online resource

In recent months, two significant court rulings have provided new insights into the evolving standards of copyright protection for fashion designs, highlighting the ongoing tension between functional and artistic elements within the fashion industry. The first case, decided by the German Federal Court of Justice, addressed the copyrightability of Birkenstock’s sandals. The second, ruled by the Danish Maritime and Commercial Court, focused on GANNI’s Buckle Ballerina shoe, also raising key questions about the copyrightability of fashion designs. This article examines the evolving scope of copyright protection for fashion designs in the EU through a comparative analysis of Germany’s Birkenstock ruling and Denmark’s GANNI decision. It explores how national courts interpret the concepts of originality and functionality, revealing persistent divergences in the application of EU copyright harmonisation. Notably, both rulings reflect the influence of the CJEU’s Cofemel decision (C-683/17), yet their differing outcomes highlight the challenges of achieving uniformity across EU jurisdictions. This inconsistency raises key considerations for brand owners and designers navigating intellectual property enforcement in an industry where design protection remains complex and contentious.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(8), 506-510

[New York, NY] : Thomson Reuters, 2025.

English

https://1.next.westlaw.com/Copyright

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