Can You Copyright the Taste of Food?
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The European Union's highest court has dismissed an attempt by a Dutch cheese maker to copyright its cream cheese. The ruling means that a person or company cannot legally own the taste of food and prevent others from copying it.
Dutch company Levola Hengelo makes a cheese spread called "Heksenkaas," or witches' cheese. The company claimed that cheese maker Smilde copied its product with another cheese spread called "Witte Wievenkaas," or white women's cheese.
So, Levola took its competitor to court. The company said the competitor's cheese was a copy of its product and violated its copyright of the cheese's taste.
The Dutch court asked for guidance from the European Court of Justice, or ECJ. The ECJ judges said, "The taste of a food product is not eligible for copyright protection."
They said unlike works of writing, photography, movies and music, the taste of a food product cannot be identified with "precision and objectivity."
The judges added that the taste of food depends on personal taste and experience.
This is not the first time that the court had to rule on a dispute about food. Last July, the ECJ ruled that Nestle could not trademark the four-finger shape of its Kit Kat chocolate bars.
Michel Wildenborg of Levola disagreed with the cheese ruling. He said, "We find it a pity and incorrect that the creative expression in food and perfumes do not have copyright protection and that everyone can make a copy of it."
And that What's Trending today.
1.The highest court 最高法院
The king acts as the highest court of appeal and has the power to pardon.
2.cream cheese 奶油奶酪
Reduced-calorie cheese is a great substitute for cream cheese.
3.asked for 要求
He went backstage and asked for her autograph.
4.creative expression 创造性表达
She must have willpower, determination, intelligence and creative expression of feelings.
5.The judges added that the taste of food depends on personal taste and experience.
depends on 取决于
The success or failure of the matter depends on your own effort.
The personal allowance depends on your age and marital status.
6.We find it a pity and incorrect that the creative expression in food and perfumes do not have copyright protection and that everyone can make a copy of it.
make a copy of 复印；抄写
Please make a copy of this material.
I always make a copy of the name cards that I receive.
欧盟最高法院驳回了荷兰一家奶酪制造商对其奶油奶酪的版权申请 。这一裁决意味着个人或企业不能合法独占某种食物的味道，也不能阻止他人“仿制” 。
荷兰莱沃拉（Levola Hengelo）公司生产了一种奶酪名为“Heksenkaas”（女巫的奶酪） 。该公司称，奶酪制造商斯米尔德（Smilde）生产的“Witte Wievenkaas”（白人女性奶酪）仿制了他们的产品 。
因此，莱沃拉将竞争对手告上了法庭 。该公司表示，竞争对手的奶酪仿制了其产品，侵犯了其奶酪味道的版权 。
荷兰法院向欧洲法院（ECJ）寻求指导意见 。欧洲法院的法官表示：“食物味道不符合版权保护的条件 。”
这并非欧洲法院第一次就食品纠纷进行裁决了 。去年7月，欧洲法院裁定雀巢不能将“奇巧巧克力棒”的四指形状注册为商标 。
莱沃拉的董事长威尔顿伯格（Michel Wildenborg）对这起奶酪裁决表示不服 。他说：“我们很遗憾地发现，食品和香水中的创意表达不受版权保护，人人都可以仿制，这很荒谬 。”