8 June 2018

No accounting for taste: CJEU considers copyright protection of food tastes

On behalf of Smilde Foods, Tobias Cohen Jehoram and Syb Terpstra travelled to the Court of Justice of the EU in Luxembourg to argue that the taste of a food product cannot be protected under European copyright law.

This matter is expected to lead to what would undoubtedly be the Court of Justice’s most important ruling ever on the subject of what kind of ‘works’ can be protected under EU copyright law.

The pleadings took place before 15 Judges of the Grand Chamber, as well as over 20 translators and around 200 interested visitors. Dutch magazine Mr. has dedicated an article to the pleadings, which can be read here: https://www.mr-online.nl/twee-smeerkazen-voor-het-hof-luxemburg/