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  • 13-11-2018

Today, the Court of Justice of the European Union ("CJEU") decided that the taste of a food product is not eligible for copyright protection. The question was raised in a dispute concerning the spreadable Dutch cheese known as "Heksenkaas" ("witch cheese") and the CJEU's answer can be found here. In a nutshell, the CJEU rules that the taste of a food product does not qualify as a work because, in short, it cannot be pinned down with precision and objectivity.

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