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In a significant ruling by the Intellectual Property Enterprise Court, Albright IP has defended its client, Liking Ltd, against copyright infringement claims brought by WaterRower (UK) Ltd.
This judgment sets a new benchmark for copyright protection concerning 3D non-sculptural objects, providing clarity on what constitutes “a work of artistic craftsmanship” under the Copyright, Designs and Patents Act 1988 (CDPA).
WaterRower contended that their water-resistance rowing machines qualified as works of artistic craftsmanship, protected by copyright, and claimed Liking Ltd’s Topiom rowing machines infringed on these protections.
Liking Ltd countered, arguing that WaterRower’s machines did not meet the requirements to be classified as works of artistic craftsmanship and were therefore not eligible for copyright protection.
In his decision, Judge Campbell Forsyth ruled that WaterRower’s machines, including their prototypes, do not qualify as works of artistic craftsmanship under UK copyright law, meaning no copyright subsists in them.
The ruling highlights differences in copyright law interpretations between the UK and EU, offering greater clarity for UK requirements in assessing copyright for functional 3D items.
Albright IP’s Patent Director, Cloe Loo, who led the case for Liking Ltd, commented: “This judgment provides much-needed clarity in UK copyright law on what qualifies as a work of artistic craftsmanship. For a number of years, conflicting UK and EU case law has created uncertainty around copyright protection for 3D objects that aren’t sculptures. This ruling establishes that such objects must meet the test of artistic craftsmanship to qualify for copyright. It’s an important milestone for the IP sector.”
Loo explained that managing this case posed unique challenges, including cross-cultural communication across time zones.
“Working closely with Liking Ltd required not only a robust IP strategy but also a deep understanding of their language and business culture. Communicating the nuances of UK copyright law in Chinese, for instance, was essential to ensure our client was fully informed and comfortable with each stage of the case,” she said.
Robert Games, Managing Director of Albright IP, praised Loo’s handling of the case: “We are immensely proud of Cloe. This was a challenging, multilingual case which was set to impact IP law. Cloe’s ability to build her team and manage these complexities in both English and Chinese is a testament to her commitment and expertise. This outcome is a notable achievement for Albright IP and highlights our team’s strength in high-stakes IP litigation.”
The judgment has significant ramifications for the IP sector, particularly around copyright criteria for functional 3D objects. An appeal remains uncertain, but the case marks a shift in defining artistic craftsmanship within UK copyright law.
Link to judgement in full: https://www.albright-ip.co.uk/wp-content/uploads/2024/11/WaterRower-v-Liking-2024-EWHC-2806-IPEC-Approved-Judgment-11-November-2024.pdf