On 25 July 2018 the European Court of Justice was asked for a preliminary ruling by a Dutch Court of Appeal whether the taste of a food such as a cheese can be protected by copyright. In his conclusions, the Advocate General considers that the taste of a food does not constitute a work within the meaning of the Directive 2001/29. It is now up to the European Court of Justice to take a final decision, EDA Dairy Flash writes.
“The idea to protect – beyond the geographical indications, trademarks and brand names – also the unique taste of a cheese is an interesting approach. Today’s legal instruments may indeed, as stated by the Advocate General, not be fit for this purpose”, stated EDA secretary general Alexander Anton.