Albright IP Wins Landmark IP Case for Liking Ltd in High Court

In a landmark ruling by the Intellectual Property Enterprise Court of the High Court, Albright IP has successfully defended its client, Liking Ltd, against copyright infringement allegations made by WaterRower (UK) Ltd.

The case has set a pivotal precedent regarding the copyright protection of functional 3D objects, specifically focusing on the legal criteria for “a work of artistic craftsmanship” under the Copyright, Designs and Patents Act 1988 (CDPA).

WaterRower (UK) Ltd had claimed that their water-resistance rowing machines were works of artistic craftsmanship and therefore protected under copyright law. They alleged that Liking Ltd’s Topiom rowing machines infringed on these rights by reproducing significant elements of their design.

Liking Ltd contested this claim, arguing that WaterRower machines did not meet the criteria for works of artistic craftsmanship and were therefore not eligible for copyright protection.

In delivering his judgment, Judge Campbell Forsyth ruled that the WaterRower machines, including their prototype, do not satisfy the requirements under UK copyright law to be considered works of artistic craftsmanship. Consequently, the machines are not protected by copyright.

This ruling highlights the differences between UK and EU copyright interpretations, offering greater clarity on how UK law assesses copyright eligibility for 3D functional objects.

Cloe Loo, Patent Director at Albright IP and the IP attorney representing 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 acknowledged the unique challenges of the case, including working across multiple time zones and languages to ensure her client fully understood the complexities of UK copyright law.

“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, commended Loo’s exceptional handling of the matter: “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 wide-ranging implications for the intellectual property sector, particularly in defining copyright criteria for 3D functional objects. While it remains uncertain whether an appeal will follow, this decision marks a significant turning point 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