Is that My Cheese? Levola vs. Smilde on the Topic of Copyrighting Taste {The 5th Sense in the News}

Heks-nkaas.png The New York Times reports on a case of possible taste copyrights infringement - if only the concept were acccepted - involving a Dutch cheese recipe sold by two competing companies, Levola and Smilde. The "Witches Cheese" Heks Nkaas relies on a mixture of herbs and dairy goodness, apparently too good not to be replicated, but also too secret to be protected.

Levola would like to accuse Smilde of plagiarism. Smilde has answered that taste is subjective and thus cannot be copied. The confusion could be more easily dispelled if recipes and industrial processes were patented, but it's like asking Coca-Cola to instagram its top secret recipe, which they prefer only 2 people know in full in the world...

"Levola argued that the taste of food, like literary, scientific or artistic works, can be copyrighted. The company cited a 2006 case involving Lancôme, the cosmetics company, that had accepted in principle that the scent of a perfume could be eligible for copyright protection.

Smilde responded that taste is subjective -- and that makes it ineligible for copyright."

Read more at Who Has the Copyright Over My Cheese?

You can also read Court of Appeal Upholds European Ruling in Favor of L'Oréal but Proffers Social Criticism: "Poor Consumers are the Losers"

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