The Dubai Chocolate & The Rose-Scented Tire: When Taste and Smell Go to Court

Many might have heard about the viral Dubai chocolate” bar known for its unique texture of being creamy on the outside and crunchy on the inside. Interestingly, the idea came to Dubai-based British-Egyptian entrepreneur Sarah Hamouda in 2021 when she was pregnant and craved a traditional Middle Eastern dessert called knafeh. Geographical Indication protects unique characteristics of a product that essentially derived from a geographical origin.

The name Dubai chocolate created an implicit geographical link to the premium of Dubai and Middle East cuisine, even though there was no actual geographical connection. Recently, Germany court heard and settled a dispute over this viral “Dubai Chocolate.” The debate brought up a question of law that does commercial enterprises earn the right to the cultural taste and regional sensations only by means of branding. The court held that the product made out of specific geographical area is misleading the consumers. In India GI is conferred to products like Darjeeling Tea. India has also accepted its first smell mark, a rose-scented tire.

The producer’s organization collectively wants to protect quality, reputation and cultural good will. However, the challenges arise with the counterfeited products and culture-inspiring branding by free riders. Another issue is whether taste, smell and other sensible attributes can be protectable IP interests. Now a days consumers aren’t just buying a product, they’re buying an experience. Flavour or smell can either symbolize place, heritage or class. As a result, names, packaging and even the sensory expectations become commercially valuable and can be legally protected. Therefore, IP moves into the legal regulation of culture, identity and human experience.