In a notable High Court ruling, Albright IP successfully defended Liking Ltd against copyright infringement claims made by WaterRower (UK) Ltd in the Intellectual Property Enterprise Court.
The judgment has set a precedent regarding the copyright of non-sculptural 3D items, defining what qualifies as “a work of artistic craftsmanship” under the Copyright, Designs and Patents Act 1988 (CDPA).
WaterRower claimed its rowing machines qualified as works of artistic craftsmanship, asserting that Liking Ltd’s Topiom machines infringed copyright by copying significant elements of their design.
Liking Ltd argued that WaterRower’s machines do not meet the artistic craftsmanship criteria, making them ineligible for copyright protection.
Judge Campbell Forsyth agreed, ruling that WaterRower’s machines do not qualify as works of artistic craftsmanship, meaning no copyright subsists in them under UK law.
This decision emphasises the distinctions between UK and EU copyright interpretations, clarifying UK standards for assessing copyright in functional 3D objects.
Cloe Loo, Patent Director at Albright IP and IP attorney for Liking Ltd, remarked: “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 shared that coordinating the case involved unique logistical challenges, including language and time zone considerations.
“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 Managing Director, Robert Games, commended Loo’s performance: “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 ruling has substantial implications for the IP industry, particularly for copyright eligibility in 3D functional objects. While an appeal is yet to be confirmed, this case has already influenced how UK copyright law defines artistic craftsmanship.
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