The Taste of a Food is Not Copyrighted Work - McDermott Will & Emery

The Taste of a Food is Not Copyrighted Work

Overview


Boris Uphoff and Laura Morelli authored this bylined article summarizing the case of two companies in a legal dispute, as one company claimed the second company copied the taste of one of its food products. After going through different legal instances the European Court of Justice  said that the taste of a food product is not a work that can be protected by copyright due to two main arguments: subjectivity of each different person towards tastes and currently no technical possibility to measure scientifically the taste or to differentiate it from other tastes.