EU Court: Taste Alone Not Copyrightable

Nov. 15, 2018
Food processors cannot copyright a product’s taste without identifying other aspects that support its claims to uniqueness, the EU has ruled.

Food processors cannot copyright a product’s taste without identifying other aspects that support its claims to uniqueness, the European Union’s highest legal authority has ruled.

The European Court of Justice ruled in a dispute between two Dutch cheesemakers that taste alone is too “subjective and variable” to be the basis of a copyright. The ruling stated that to be copyrighted, a food must be an original intellectual creation and be “identifiable with sufficient precision and objectivity.”

The case involved a spreadable herb-flavored cream cheese called Heksenkaas. Its creator sold it to Levola, which sued when another cheese called Witte Wievenkaas came on the market. The case eventually wound up with the European Court of Justice, which found in favor of Smilde, the maker of Witte Wievenkaas.

BBC News reports that the EU high court has ruled on other food cases in the last couple of years, including Kit Kat candy bars, tofu and champagne-flavored sorbet.

Sponsored Recommendations

Kaeser is the world’s leading air systems specialist and offers a full range of compressed air solutions for almost any application. From industrial compress...
Take a moment to see the scope of Kaeser's commitment to innovative system designs that guarantee ultra-reliable compressed air, easy maintenance, and greater efficiency.
Ventilation has a huge impact on the ambient temperature in the compressor room and is often the missing link to temperature regulation issues. Here are four factors to consider...
Learn how to get a smart, reliable, energy-efficient compressed air system delivered in a turnkey, weatherproof and temperature-controlled enclosure that needs little or no onsite...