The taste of a food product is not eligible for copyright protection

The Court reaffirmed that copyright law protects certain types of expressions. However, in order to qualify for copyright protection, the work’s expression must be identifiable with sufficient precision and objectivity. The Court found that this would not be the case with food products, reasoning that food taste essentially depends on taste sensations and experiences, both of which are subjective and variable.

Accordingly, the Court held that food product taste is not copyrightable subject matter. In other words, no one can claim exclusive rights to the taste of a food product.