ECJ decided on question if taste of cheese falls under copyright protection

The European Court of Justice (ECJ) was requested to give a preliminary ruling regarding an unusual question: Can the taste of cheese enjoy copyright protection? Even though this question is not directly related to a digital policy issue, it is of relevance, since it can clarify what can be subject to copyright protection. The court has stated that taste cannot enjoy such protection, since it is not an ‘expression of an original intellectual creation’. Also, the expression of work must be such that the very item subject to protection can be identified with sufficient precision and objectivity. On the contrary, taste is subjective and depends on personal interpretation, so it is not eligible for copyright protection.