In a significant Intellectual Property Enterprise Court ruling, Albright IP has achieved a major legal victory for its client, Liking Ltd, in a copyright dispute brought by WaterRower (UK) Ltd.
The judgment has established a crucial precedent for the copyright protection of functional 3D objects, clarifying the definition of “a work of artistic craftsmanship” under the Copyright, Designs and Patents Act 1988 (CDPA).
WaterRower argued that their water-resistance rowing machines were works of artistic craftsmanship, protected by copyright. They alleged that Liking Ltd’s Topiom rowing machines had infringed this copyright by replicating substantial elements of the design.
In response, Liking Ltd maintained that the WaterRower machines did not meet the criteria for works of artistic craftsmanship and, therefore, could not qualify for copyright protection.
Judge Campbell Forsyth, delivering his decision, ruled that WaterRower machines, including their prototype, fail to meet the legal requirements to be classified as works of artistic craftsmanship. As a result, the machines do not benefit from copyright protection under UK law.
This judgment highlights a notable divergence between UK and EU approaches to copyright law, bringing greater clarity to the standards required for 3D functional objects to gain copyright eligibility in the UK.
Commenting on the case, Cloe Loo, Patent Director at Albright IP, said: “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 detailed the complexities of the case, which involved overcoming language barriers and time zone challenges to communicate effectively with her client.
“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 explained.
Albright IP’s Managing Director, Robert Games, praised Loo’s efforts, stating: “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.”
This decision has significant implications for the intellectual property sector, particularly in shaping copyright law for functional 3D objects. Whether an appeal will follow remains to be seen, but the judgment represents a key development in defining artistic craftsmanship in the context of 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
