Cheesed off at court’s no

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

The Dutch court subsequently sought guidance from the Luxembourg-based European Court of Justice (ECJ). ECJ judges backed the July recommendation of the court advisor. “The taste of a food product is not eligible for copyright protection.”

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, age, food preferences and the environment and context in which the food is consumed, the court said.

Heksenkaas was disappointed with the court ruling. “We find it a pity and incorrect,” said director Michel Wildenborg. – Reuters

Brussels