Dutch company can't copyright the taste of cheese dip, court rules

“Unlike, for example, a literary, pictorial, cinematographic, or musical work, which is a precise and objective expression, the taste of a food product will be identified essentially on the basis of taste sensations and experiences, which are subjective and variable,” the Luxembourg-based ECJ wrote in the ultimate decisio (iStock)

One Dutch food distributor’s attempt at copyrighting the taste of an iconic cheese dip was struck down by Europe’s highest court, the European Court of Justice (ECJ), on Tuesday.

In their landmark decision, the magistrates wrote granting such a protection on “the basis of taste sensations and experiences” is too subjective and personal.

The ECJ dismissed a lawsuit from Dutch food distributor Levola Hengelo against their rival company, Smilde, for producing what Levola claimed was an unlawful copy of their product Heksenkaas, known colloquially as “witch’s cheese,” Reuters and The Epoch Times report.

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“Unlike, for example, a literary, pictorial, cinematographic, or musical work, which is a precise and objective expression, the taste of a food product will be identified essentially on the basis of taste sensations and experiences, which are subjective and variable,” the the Luxembourg-based ECJ wrote in their ultimate decision, detailing that copyright law can only stand to protect concepts that can “be identified with precision and objectivity.”

“The court finds that the taste of a food product cannot be identified with precision and objectivity,” the judges wrote, as per the Times.

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“Moreover, it is not possible in the current state of scientific development to achieve by technical means a precise and objective identification of the taste of a food product which enables it to be distinguished from the taste of other products of the same kind,” they concluded.

Moving forward, the decision sets a precedent that will likely halt other food manufactures from citing intellectual property law and rules to protest competitor’s imitation products in the future.

A similar lawsuit made headlines back in July, when the ECJ annulled Nestle’s European Union copyright of the shape, texture and taste of the chocolate conglomerate’s iconic Kit Kat bar.