In a pivotal High Court decision in the Intellectual Property Enterprise Court, Albright IP successfully defended its client, Liking Ltd, against copyright infringement claims by WaterRower (UK) Ltd.
This judgment establishes a significant precedent for copyright protection related to 3D non-sculptural objects, clarifying the definition of “a work of artistic craftsmanship” under the Copyright, Designs and Patents Act 1988 (CDPA).
WaterRower claimed copyright protection for its water-resistance rowing machines as works of artistic craftsmanship, arguing that Liking Ltd’s Topiom rowing machines infringed by reproducing substantial parts of their design.
Liking Ltd argued that WaterRower’s machines did not meet the criteria for artistic craftsmanship and thus were not eligible for copyright protection.
In his judgment, Judge Campbell Forsyth ruled that WaterRower’s machines, including the prototype, do not qualify as works of artistic craftsmanship, meaning no copyright protection applies under UK law.
This decision highlights the differences between UK and EU interpretations of copyright, providing clarity on UK standards for assessing copyright eligibility 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 handling this case involved unique challenges, including cross-language and time zone coordination to effectively communicate the legal complexities.
“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 dedication: “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 judgment carries important implications for the IP industry, particularly in terms of copyright criteria for 3D functional objects. While an appeal decision is pending, this case has already reshaped UK copyright law’s definition of 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