Hello again, CaseSnappy community! We're plunging back into the labyrinth of legal judgements in our Decoding Judgements series. This time, we're venturing into an intriguing intersection of intellectual property law and gastronomy captured in the curious case of Levola Hengelo BV v Smilde Foods BV (Case C‑310/17).
The epicentre of the case lay in the questioned intellectual property rights related to the taste of Heksenkaas, a cheese product, produced by Levola Hengelo BV ('Levola'). Smilde Foods BV ('Smilde'), was alleged to have infringed these rights by producing a similar-tasting cheese. The central point of debate sought to address whether Levola's cheese taste could be treated as an eligible copyright work.
Challenging standard norms, Levola pleaded for the court's recognition that the taste of its product falls under EU copyright law. Smilde, on the other hand, contested this claim by arguing that such rights, if they did exist, could not be practically enforced due to the subjective nature of taste discrimination.
The judgement turned the tides towards Smilde's argument, with the Court ruling out the possibility of a food product's taste being classified as a 'work' under Directive 2001/29.
Justifying the decision, the Court stated: 'Unlike, for example, a literary, pictorial, cinematographic or musical work, which is a precise and objective form of expression, the taste of a food product will be identified essentially on the basis of taste sensations and experiences, which are subjective and variable since they depend, inter alia, on factors particular to the person tasting the product concerned, such as age, food preferences and consumption habits, as well as on the environment or context in which the product is consumed.'
This case serves to highlight the challenges of applying intellectual property frameworks to intangible, variable and highly subjective areas such as taste. Despite Levola's defeat, the argument set forth has spurred a fascinating dialogue surrounding the capacity of intellectual property rights to adapt to varied contexts. As we continue to explore such perplexing cases, we anticipate enriching your legal acumen. Stay tuned for more case-punctuated journeys into legal complexities.
Sign up to CaseSnappy today and expand your legal insight.