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ARTICLE · 10 SEPTEMBER 2019

Porsche Copyright On Design And Fair Compensation Case

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The daughter, claimed a fair compensation for the copyright for the merits of her father's work (claim basis: Art. 32a UrhG), as a legal successor of her father.

IndiaIntellectual Property
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In the recent case filed by the famous sports car designer, Erwin Franz Komenda's daughter claiming compensation from Porsche AG on the grounds of the continued sale of sports cars designed by the company by adding modifications to her father's design has been rejected by the Regional Court of Stuttgart.

The daughter, claimed a fair compensation for the copyright for the merits of her father's work (claim basis: Art. 32a UrhG)1, as a legal successor of her father. The provision (Article 32a) provides for additional fairness compensation in cases where the initial compensation to the author has become inappropriate compared to the overall revenue generated by such work.

Erwin Franz Komenda was employed by the defendant (Porsche AG) from 1931-1966. As an employee under the body-construction department, he played a vital role in the development of the sports car models 356 and 911 of the defendant, as they were marketed in the 50s and 60s for the first time.2

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