News

Go back

21.11.2018 - Foods

There is no copyright protection for the taste of food

Last week, the European Court of Justice (ECJ) ruled that the taste of a food product cannot be protected by copyright.

The ECJ judgment was issued as a result of a legal dispute between two Dutch food companies. One company had marketed a competitor's spreadable cheese with a similar taste. The competitor filed a lawsuit, claiming that this "taste copy" infringed its copyright on the taste of the original product.

The ECJ has now dismissed this action, asserting that taste perception is subjective and thus not sufficiently precise and objectively identifiable to allow for copyright protection.

Further details of the press release can be found at https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-11/cp180171de.pdf.

Our customer advisors will be happy to answer any questions you may have.

Source: Press release No. 171/18 of the ECJ