Léon Dijkman onder HvJ EU Levola/Smilde

Léon Dijkman onder HvJ EU 13 november 2018; IEF 18098; IEFbe 2790 (Levola Hengelo tegen Smilde) In its recent decision Levola Hengelo BV v. Smilde Foods BV, the CJEU ruled that the taste of a food product is not protectable by copyright. According to the CJEU, the subject matter of a 'work' within the meaning of the InfoSoc Directive must be "expressed in a manner which makes it identifiable with sufficient precision and objectivity". The experience of taste, however, is inherently subjective and there are presently no technical means to achieve a precise and objective identification thereof. Consequently, taste cannot be protected by copyright.