Is there copyright in the taste of a cheese? Sensory copyright finally makes its way to CJEU
Heks'nkaas Readers with an interest for copyright in unusual or, rather, less conventional 'objects' [I will explain below why the word 'works' might not be appropriate] will know that for quite some time it has been disputed whether IP protection - particularly in the form of copyright - is available to, say, perfumes or culinary creations. So far proponents of sensory copyright have not been really met with widespread approval [for the sake of a debate organised in London a while ago by IPKat founder Jeremy Phillips and BLACA , I supported the motion that there is indeed such thing as sensory copyright - my slides are available here ; Jeremy's report can be read here ] . Not long time ago, contrary to some lower instances' decisions, the French Supreme Court dismissed for instance the idea that copyright could subsist in a perfume [ here ; here for a Dutch take on the matter] , and in 2015...