After weighing in on whether the shape of Nestlé’s KitKat should be granted trademark protection, the Court of Justice of the European Union is preparing to digest another food-related IP dispute – this time over cheese. A Netherlands court referred two questions to the CJEU about whether EU law permits copyright protection for taste. Specifically that of Heks’nkaas, made by Dutch company Levola.
As with all IP disputes, innovation is key. But so is preparation: Obiter understands an application by the Swiss makers of Emmental has been thrown out: it was full of holes.