In the Levola case discussed when this article was published, the Court of Justice of the European Union ruled that the taste of food is not protected by copyright. Dutch cheesemaker Levola alleged that Smilde Foods copied the taste of its Heksenkaas spread in Witte Wievenkaas.
What is copyright?
Copyright comprises authors' moral and economic rights and the legal rules governing them. In Estonia, protection is governed by the Copyright Act.
Conditions for copyright protection
The Court explained that a protected work must be identifiable clearly and precisely, without subjectivity undermining legal certainty. Literature, visual art, video and music have precise, objective expressions. Taste depends on subjective and variable sensations and experience, including:
- Age.
- Food preferences.
- Consumption habits.
- The tasting environment and context.
The Court also held that, at the scientific development stage considered in the judgment, technical means could not identify a food's taste precisely and objectively or distinguish it from similar products.
Sources:
Court press release
Copyright Act