TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

You can't copyright taste, EU court says in setback for food industry

Europe’s top court dealt the food industry a blow as it dismissed an attempt by a Dutch cheese maker to copyright its cream cheese.

Foo Yun Chee (Reuters)
Brussels, Belgium
Wed, November 14, 2018 Published on Nov. 14, 2018 Published on 2018-11-14T11:33:41+07:00

Change text size

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!
You can't copyright taste, EU court says in setback for food industry The towers of the European Court of Justice are seen in Luxembourg, on January 26, 2017. (REUTERS/Francois Lenoir)

E

urope’s top court dealt the food industry a blow on Tuesday as it dismissed an attempt by a Dutch cheese maker to copyright its cream cheese, saying that the taste of a food product does not qualify for copyright protection.

Dutch company Levola Hengelo, maker of a cheese spread called Heksenkaas (witches’ cheese), took rival Smilde to court for making what it said was a copy of its product and hence infringed its copyright in the taste of the cheese.

The Dutch court subsequently sought guidance from the Luxembourg-based European Court of Justice (ECJ).

ECJ judges backed the July recommendation of the court adviser.

“The taste of a food product is not eligible for copyright protection,” the ECJ said.

Read also: Cheesy music: Swiss experiment with sound to make cheese tastier

Unlike a literary, pictorial, cinematographic or musical work, the taste of a food product cannot be identified with precision and objectivity, judges said.

Furthermore, taste depends on the person tasting the product, age, food preferences and the environment and context in which the food is consumed, the court said.

Heksenkaas, now a subsidiary of Dutch food maker Salad Signature which bought it from Levola Hengelo early this year, said it was disappointed with the court ruling.

“We find it a pity and incorrect that the creative expression in food and perfumes do not have copyright protection and that everyone can make a copy of it,” said Heksenkaas director Michel Wildenborg.

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.

Share options

Quickly share this news with your network—keep everyone informed with just a single click!

Change text size options

Customize your reading experience by adjusting the text size to small, medium, or large—find what’s most comfortable for you.

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!

Continue in the app

Get the best experience—faster access, exclusive features, and a seamless way to stay updated.