Witch cheese taste uncopyrightable

In a decision that would cover ‘taste’ in general, the Court of Justice of the European Union (CJEU) has rules that the taste of a food product is not eligible for copyright protection.

Cheese manufacturer Levola Hengelo, maker of a spreadable Dutch cheese Heksenkaas (witch cheese), took its competitor Smilde Foods to court alleging that the taste of Smilde’s Witte Wievenkaas infringed Levola’s copyright.

The case was dismissed because the CJEU found the taste of a food cannot be defined with precision and objectivity and so does not qualify as a “work”.

There are two cumulative conditions that must be met for something to qualify as a “work”: the subject matter needs to be original in that it is the author’s own intellectual creation and also the expression of that creation.

Basically, the ruling means that until a taste can be identified in a precise and objective manner it cannot be protected by copyright.

Image credit: ©stock.adobe.com/au/Natasha Breen