Further thoughts on Levola Hengelo v Smilde Foods and the taste of cheese: did the Court create a "validation" test?

When it comes to raising the furrow of one’s copyright brow, few cases in recent years have done a more effective job than the judgment in Levola Hengelo v. Smilde Foods. The essence of the referral to the CJEU was as follows– “Does EU law preclude the taste of a food product — as the author’s own intellectual creation — being granted copyright protection?” Fellow Kat Eleonora Rosati has deliciously dissected the decision of the CJEU, here (lucky for the case that it was not a slab of meat) and Kat readers can decide for themselves whether a furrowed brow is appropriate. What this Kat wishes to do is focus on a crucial component of the Court’s decision, stating in pertinent part that— 40 Accordingly, for there to be a ‘work’ as referred to in Directive 2001/29, the subject matter protected by copyright must be expressed in a manner which makes it identifiable with sufficient precision and objectivity, even…

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