A Dutch producer is trying to copyright the taste of its cheese. Is it even allowed? Lancome managed, some years ago, to have a scent copyrighted (thanks also to a weak defense of the opposant).
The matter is now forwarded to the ECJ, in particular regarding these questiosn:
- can a taste be copyrighted?
- what are the requirements for the applicabilit of copyright protection?
- would such protection apply to taste fair-and-square or to the recipe by which these were produced?