Do you remember my post on Oct 7 about protecting the taste of cheese by copyright?
The Court of Justice of the European Union (CJEU) followed the conclusions of the Advocate General, confirming that intellectual property does not protect ideas, procedures, methods of operation or mathematical concepts as such, but rather their concrete expression.
The protection afforded by copyright necessarily involves the need for a work. The concept of a work refers to original intellectual creations that reflect the author’s personality, expressed through a medium that is identifiable with sufficient precision and objectivity.
So can the taste of cheese constitute a work? In this regard, the taste of a cheese largely depends on the consumer’s sense of taste, which is subjective.
In this case the Dutch cheese Heksenkaas—is not a “work” and therefore, cannot be granted copyright protection. This will extend to the taste of food in general.