14/11/2024
The High Court (IPEC) has issued its judgement in WaterRower (UK) Ltd v. Liking Ltd (trading as Topiom), determining that WaterRower’s design may qualify as a “work of artistic craftsmanship” under UK copyright law. This ruling means that the claim will proceed to trial, where the question will be explored further.
The case centres on whether the WaterRower design qualifies as artistic craftsmanship, considering the creator’s intention, the aesthetic qualities of the machine, and the level of craftsmanship. The judgement also reflects on the Cofemel case, a significant decision from the CJEU, which stresses that copyright protection requires originality and creative freedom, not merely functional design.
This judgement underscores the complexities in defining “artistic craftsmanship” within copyright law, signalling a nuanced examination at trial.
https://freemanharris.co.uk/waterrower-case-judgement-artistic/
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