Copyright In Cream Cheese

At the end of last month, Attorney General (AG) Wathelet issued his opinion to the Court of Justice of the European Union (CJEU), advising that no EU copyright protection should vest in the taste of cheese, or any food product. Can you brie-lieve it?

Case details

The AG's opinion was sought by the Dutch, Arnhem-Leeuwarden Appeals Court in the case of Levola Hengelo BV v Smilde Foods BV (Case C-310/17). Here, Levola took action against Smilde, arguing that Smilde's 'Witte Wievenkaas' infringed their copyright in the flavour of their 'Heks'nkaas' cheese as it had the same taste and was therefore a reproduction of their 'work'– both being cream cheese products. Levola based its claim on the case of Lancôme Parfums Et Beauté et cie S.N.C. v. Kecofa B.V. where Dutch courts held that perfume, if original, could be protected by copyright where perceptible (through smell in that instance).