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Europe’s top court has dismissed an attempt by a Dutch cheese maker to copyright its cream cheese, saying that the taste of a food product does not qualify for copyright protection.
In a ruling seen as a blow for the food industry, Dutch company Levola Hengelo, maker of a cheese spread called Heksenkaas or witches’ cheese, took rival Smilde to court for making what it said was a copy of its product and hence infringed its copyright in the taste of the cheese. The Dutch court subsequently sought guidance from the Luxembourg-based European Court of Justice (ECJ), but the ECJ judges backed the July recommendation of the court adviser saying ‘the taste of a food product is not eligible for copyright protection.’
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Law Resources
- Intellectual Property Office of Malaysia
- IP Agents Good Conduct Guidelines
- Intellectual Property Office of Singapore: Legal Decisions
- ASEAN - Trade Mark Class - Online Search
- Federal Court
- Industrial Court
- Bar Council Malaysia
- KL Regional Centre for Arbitration
- Human Rights Commission of Malaysia
- Companies Commission
- Securities Commission
- Malaysia Goods & Services Tax (GST)
- Personal Data Protection
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Case Highlights
SEADRILL GHANA OPERATIONS LIMITED v. TULLOW GHANA LIMITED
ENGLAND AND WALES HIGH COURT
Drilling for oil is a risky business. Oil companies seek to protect themselves against the financial consequences of risk by appropriate clauses in their contracts, for example, by a force majeure clause. This case concerns a contract for the hire of an ex pensive oil rig which contained such a clause. During the course of a territorial sea dispute between neighbouring states the arbitration tribunal determining that dispute required drilling to cease in the disputed sea where drilling was to take place....
Article Highlights
There's no accounting for taste
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