Court of Appeal grants Bitcoin blockchain IP appeal

A 20 July press release on behalf of ligitation specialists Harkus Parker said:

The Court of Appeal today granted an appeal brought by Dr Craig Wright, the pseudonymous author of the Bitcoin White Paper, and associated entities (Wright International Investment Ltd and Wright International Investments UK Ltd) over the intellectual property rights in the Bitcoin File Format – i.e., the structure of the Bitcoin Blockchain.  This finding is to be welcomed for its importance to both the digital currency and the wider IT industry.

Lady Justice Asplin, Lord Justice Arnold and Lord Justice Warby today overturned the first instance ruling of Mr Justice Mellor, insofar as he had determined that there was no serious issue to be tried (for both the Defendants in this jurisdiction and outside of the jurisdiction) in respect of the Bitcoin File Format.

Whilst it was accepted for the purposes of the service out application that the Bitcoin File Format satisfied the originality requirements, Mellor J had declined to accept that the Bitcoin File Format was fixed, i.e., it is was not possible for it to be identified with sufficient precision and objectivity and therefore copyright could not subsist in it.

However The Court of Appeal today concurred with the Claimants’ assertion that there is a real prospect of successfully establishing that the Bitcoin File Format is fixed.  The judgment of the Court of Appeal was given by Lord Justice Arnold, with whom the other two Lord Justices agreed.  

As the world relies on data and computer programs stored electronically, the trial will determine whether the format of a file is, in principle, capable of protection by copyright. The IT industry needs certainty regarding how this file format requirement may be met.

Damon Parker, of Harcus Parker said:

“We welcome this significant ruling which enables Dr Wright to advance his claim for copyright in the Bitcoin File Format which potentially affects all future use, and marketing, of Bitcoin and will prove to be a crucial development in intellectual property law.”

Dr Wright said:

“I am pleased with the outcome of this appeal. As many developers do not fully document their entire body of work, this appeal shows that, even without documentation, their work is still considered to be capable of copyright protection”.