Copyrights NO – Patents YES

The European Court of Justice (ECJ) determined in the court case C-310/17 that the flavour of the cheese („Heksenkaas“) cannot enjoy any copyright protection within the 2001/29/EG regulation. In case of food flavors there is a lack of a possibility to precisely and objectively identify them.

In 2012 a patent was already granted for the process of the „Heksenkaas“ manufacturing. According to technical criteria manufactured foods are basically eligible to patent protection. Only in the IPC A01J 25/00 international patent class, which affects fresh cheese among others, there are 3.639 entries.