Lotus loses patentcase on Speculoospasta
Last month the court of 1st instance in Ghent, Belgium declared the patent on “Speculoospasta” of Lotus Bakeries to be revoked.The company will investigate this decision together with its legal advisors and see whether they will appeal against this ruling.
The recipe for the caramelized biscuit spread came from the winner of the TV program on inventions The Creators (de Bedenkers). Lotus bakeries went into business with the winner and the spread soon was a hype in Belgium, the Netherlands and France.
Two competing companies started to produce the Speculoospaste and Lotus sued them, declaring that Lotus had the sole right to sell the paste, because of a patent on the recipe. The court however found out that the recipe was already available on the internet since 2002, through a Dutch website Grandma Wapsie, long before the patent of Lotus.
Lotus Bakeries states that this court judgment will have little or no effect on the spread’s market position in Belgium.
A journalist of the newspaper New York Times recently visited the factory of Lotus Bakeries near Eeklo. He dedicated an extensive article on the battle for the patent on the caramelized spread, the history and the international expansion of Lotus. Lotus is preparing to introduce the spread to the United States, where it will be marketed as a nut-free alternative to peanut butter. The competitors of Lotus will also introduce their product in the States.
Source: Lotus bakeries, New York times, Food Holland, February 2011
