Levola Hengolo BV v Smilde Foods BV

European Union – Copyright. Directive (EC) 2001/29 should be interpreted as precluding: (i) the taste of a food product from being protected by copyright under that directive; and (ii) national legislation from being interpreted in such a way that it granted copyright protection to such a taste. The Court of Justice of the European Union so held in proceedings concerning an alleged infringement by the respondent company of the applicant's intellectual property rights relating to the taste of a food product.

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