Cloe Loo, Patents Director
In a significant High Court decision in the Intellectual Property Enterprise Court, Albright IP has successfully defended its client, Liking Ltd, against copyright infringement claims brought by WaterRower (UK) Ltd.
The judgement has set a precedent for copyright protection of non-sculptural 3D objects, specifically addressing the criteria for “a work of artistic craftsmanship” under the Copyright, Designs and Patents Act 1988 (CDPA).
WaterRower claimed that their water-resistance rowing machines were works of artistic craftsmanship and were protected by copyright, and that our Hong Kong-based client’s Topiom rowing machines infringed on this protection by allegedly reproducing a substantial part of the machines.
Liking Ltd argued that the WaterRower machines did not qualify as works of artistic craftsmanship and thus were ineligible for copyright protection.
In delivering his judgment, Judge Campbell Forsyth ruled that WaterRower machines, including its prototype, do not meet the requirements under UK law as works of artistic craftsmanship, and therefore, no copyright subsist in the machines.
This judgment underscores the divergence between UK and EU interpretations of copyright law, providing greater clarity for the UK’s requirements in assessing copyright eligibility for such 3D functional objects.
Albright IP, Patent Director, Cloe Loo, who served as IP attorney 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 noted that navigating the case presented unique challenges, including coordinating across multiple time zones and languages to effectively communicate complex legal arguments to 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.
Robert Games, Managing Director of Albright IP, praised Loo’s exceptional 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 judgement has implications for the IP industry, particularly concerning copyright eligibility criteria for 3D functional objects. It remains to be seen if an appeal will be pursued, but this case has already marked a turning point in defining the boundaries of artistic craftsmanship in 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
