News & Insights

When you hear the word “copyright” you probably think of a book, piece of music or a photograph, and with good reason. Many literary, musical and artistic works are protected under it. But what about taste?

The European Court of Justice has just ruled that the taste of food was too “subjective and variable” for it to meet the requirements for copyright protection after the owner of a spreadable cream cheese dip tried to take action against a competitor.

This is not entirely surprising given that a number of different factors can affect a person’s perception of taste, making it virtually impossible to define exactly what is protected and what constitutes infringement, but the food and drink industry is extremely competitive, and lucrative. The larger brands spend a considerable amount of time and money in creating new products and it seems only logical that they would want to protect their creations if possible.

If you have any questions regarding copyright protection then please contact Sam Freeman on 01202 557256 or at s.freeman@laceyssolicitors.co.uk.