Legal instruments protecting innovative food in the light of the regulation on novel foods in the European Union
European Union
Apr 14, 2025

Innovative food is not only food resulting from the use of new technological methods, new production methods or food originating from new plant varieties. Novel food products are predominantly discoveries that are not subject to protection under industrial property law. Protection of such innovative discoveries becomes particularly important in the case of novel foods. The paper discusses regulations concerning novel foods, especially EU Regulation No 2015/2283. Regulations on novel foods provide for special solutions in order to ensure, although to a limited extent, protection of the innovative achievements applied in novel foods. These regulations are specific in nature as they protect not the product itself, but the scientific evidence and data provided to support an application for a permission to introduce novel foods. Despite certain concerns, these data protection measures should be assessed positively.
Author(s): Mikołaj Sokołowski, Ł
Published in: Revista Estudios Jurídicos.