November 30, 2018 by Chris

Does “Taste” Qualify for Copyright Protection?

Apparently not, at least according to a recent EU decision in Levola Hengelo BV v Smilde Foods BV, Case C-310/17. In this spat between two rival cheesemakers, the Court of Justice of the European Union held that the taste of a food product is not eligible for copyright protection because it cannot be classified as a ‘work’ within the meaning of the relevant Copyright Directive.

Full opinion here.  Additional commentary by Reason, Quartz, and Professor Estelle Derclaye are also worth a read. And if you also share a love of puns, kudos to Orrick for their punny write up.