There Is No Copyright on Taste of Food, European Court Rules

Europe’s top court has ruled that the taste of a food can’t be protected by copyright in a landmark case pitching two Dutch cheesemakers against each other.

A Dutch cheesemaker has argued that a rival company is infringing on its intellectual property by making a product similar in taste to one of its products. GCapture/Shutterstock

BRUSSELS—Europe’s top court has ruled that the taste of a food can’t be protected by copyright in a landmark case that has pitted two Dutch cheesemakers against each other.

Judges at the European Court of Justice (ECJ) said the sensation of taste is unique to each individual and that there is no scientific way of quantifying what constitutes a distinctive flavor.