News
The flavor can not be protected by copyright
- 11/12/2018
The Court of Justice of the European Union, Great sec., with the sentence no. C-310/17, stated that the taste of a food can not be protected by copyright.
According to the Directive no. 2001/29, Member States provide exclusive rights for authors on their "works". The Court has specified that the taste of a food can not be protected by copiright as it can not be qualified as a "work" within the meaning of that provision.
In particular, unlike a literary, pictorial, cinematographic or musical work, which represents a precise and objective expression, the identification of the taste of a food is essentially based on subjective and variable sensations and experiences, which excludes an objective evaluation of the concept of "work".
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