Originality (Commercial) meaning

WaterRower (UK) Ltd v Liking Ltd (t/a Topiom) [2024] EWHC 2806 (IPEC) What are the practical implications of this case? The WaterRower ruling provides a practical touchstone for practitioners seeking to pursue claims that products qualify as works of artistic craftsmanship. Assessing the ‘craftsmanship’ element should remain comparatively straightforward: while CDPA 1988, s 4(1)(c) contains no express definition, the judge relied on Hensher, viewing ‘craftsmanship’ as presupposing particular skill, knowledge and training in producing the work—criteria the WaterRower satisfied. The ‘artistic’ requirement, however, remains as elusive as in Hensher. In addressing this aspect, the court undertook a detailed evaluation of the evidence, placing notable weight on the creator’s intentions at the moment of design. Mr Duke’s motivations were found to be essentially commercial and limited to achieving a business aim: to create a rowing machine with sensory impact. That aim was held insufficient to render the work ‘artistic’, underscoring that the designer’s purpose at inception can be decisive yet will not be met merely by commercial objectives directed at...

In this dispute, Deity Shoes holds EU design rights covering several shoe models. It alleged that Mundorama Confort and Stay Design had infringed those rights. Mundorama Confort and Stay Design filed counterclaims seeking invalidity, asserting the contested designs derive from pre-existing designs appearing in catalogues of Deity Shoes’ suppliers, differing only marginally due to customisation of elements such as the sole, laces, or buckles—features steered by fashion trends. Accordingly, they argued the designs do not stem from any ‘genuine design activity’, ‘intellectual effort’ or innovation. The matter reached the Court of Justice via a preliminary reference from the Juzgado de lo Mercantil No 1 de Alicante (Commercial Court No 1, Alicante, Spain). The AG distilled the referring court’s questions into two points: does an EU design require a ‘genuine design activity’ or ‘intellectual effort’? do fashion trends restrict the designer’s freedom? EU designs do not have to be the result of a ‘genuine design activity’ or ‘intellectual effort’ The AG confirms that...

In this issue: EU fundamentals Competition and state aid Commercial Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals EU institutions sign Joint Declaration on legislative priorities for 2026 The Presidents of the European Parliament, the Council of the EU and the European Commission have put their signatures to a Joint Declaration that defines the Union’s law‑making priorities for 2026. It sets out ten headline themes, spanning actions to enhance competitiveness and resilience, drive regulatory simplification, bolster defence and security, protect democratic processes, manage migration, and push forward talks on the forthcoming Multiannual Financial Framework. The institutions agree to give these files precedence throughout 2026 and to review progress routinely, with a focus on spotting at an early stage any obstacles that could slow delivery. The package...

What is a television format? A television format is the blueprint or underlying premise for a television programme or a series of programmes, expressed in a distinct manner and usually built around signature elements (for example, music, branding, or a specific setting) that are replicated in each episode. Within the unscripted arena, game show formats are especially prevalent, while partially scripted reality series such as ‘Love Island’ and ‘Big Brother’ demonstrate how successful formats can be exploited in the UK and also tailored for use in international markets. ‘Downton Abbey’ exemplifies a successful scripted series, founded on an original format developed by Julian Fellowes. Fresh television formats can also arise where the characters, plots, and environments of an existing work are transformed so extensively that a new, original format is created. Notable instances include the US series ‘Elementary’ and the UK’s ‘Sherlock’, both of which diverge substantially from Arthur Conan Doyle’s Sherlock Holmes. Format rights carry significant commercial and creative importance in the UK and abroad and can...

This Practice Note examines intellectual property (IP) rights as they arise in the context of artist and songwriter-centred music deals. It specifically sets out the distinct rights inherent in a song and explains the various ways in which they may be commercially exploited. It also addresses matters relating to brand protection, AI, and image rights for musical artists. IP and other rights relevant in the music industry Copyright subsisting in music Copyright underpins, in practice, the licensing and commercial exploitation of songs and other musical works. It is important to recognise that there are different categories of copyright that may apply. Where the originality threshold is satisfied and the song is fixed in a tangible form, then the following will apply: copyright subsists in the musical composition (the score) as a musical work the song’s lyrics are independently protected as a literary work the song’s recording attracts distinct copyright as a sound recording Beyond the core rights attaching to...