Watermark - High Court clarifies overlap

Barry Newman of Watermark reports on the High Court decision of Burge v Swarbrick, which has clarified the “overlap” between copyright protection and design protection. Barry Newman reports that the High Court unanimously rejected the assertion that despite the yacht having gone into production it retained copyright protection as “a work of artistic
craftsmanship”, but rather, required that for an object to be “a work of artistic craftsmanship”, there must be
“real and substantial artistic effort” which is not constrained by “utilitarian considerations”.

Link to Watermark publication


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