EU SETTING HIGH BAR FOR DAIRY PRODUCT COPYRIGHT CASES
August 1st, 2018
Dairy producers may find it more difficult to protect distinctive products from copies in the European Union (EU) after recent legal decisions confirming the tough standard of evidence manufacturers need to meet to claim intellectual property (IP) rights over food characteristics.
On 25 July, European Court of Justice (ECJ) Advocate General (AG) Melchior Wathelet issued a formal opinion to his fellow judges, advising that copyright, which can currently be claimed for the shape of certain foods, should not be extended to cover the taste of food. Such AG opinions ...
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