By: Santi Pedraza Arenas

Grandma’s pride and joy isn’t her grandchildren—it’s her pasta sauce, a cherished recipe passed down through generations. With a determined spirit, she refuses to share it with anyone outside the family. But when she accidentally posts the recipe online, her culinary treasure is suddenly at risk. How can we protect Grandma’s secret sauce from being stolen and used by the masses?

In the culinary world, creativity drives innovation, from secret recipes to unique plating. But how do intellectual property (IP) laws come into play to safeguard these efforts? While food might seem outside IP’s traditional scope, various legal protections—including trade secrets, copyrights, and patents—can help grandmas, chefs, and food companies protect their delicious creations. This blog explores how IP law intersects with the food industry, and the tools available to chefs and food companies to protect their creations.

Recipes and Copyright: Functional or Creative Works? 

Copyright law is designed to protect original works, but recipes often fall into a legal gray area. Typically, recipes are viewed as functional works because they consist of lists of ingredients and instructions aimed at producing a dish. This functional nature means that they generally do not qualify for copyright protection. Because recipes primarily guide the preparation and cooking process rather than expressing artistic creativity, they typically do not meet the criteria for copyright protection. However, some recipes may qualify for protection if they contain elements of creative expression. For example, while a basic list of ingredients and instructions would not meet copyright standards, a recipe that weaves in storytelling, personal anecdotes, or cultural significance may be eligible. 

The case of Publications Int’l Ltd. v. Meredith Corp. further explores this issue. The court ruled that recipes could receive copyright protection only if they showcase creative expression beyond their functional components. This ruling emphasizes that a recipe can be more than just a set of instructions; it can incorporate storytelling, cultural context, and personal narratives that elevate it into an artistic domain. For chefs, this legal precedent provides a means to protect not only the technical details of their culinary creations but also the unique stories that enhance their dishes. By integrating these creative elements, chefs can safeguard the overall experience of their culinary offerings, making it harder for others to replicate the essence of what makes their dishes distinctive.

Plating and Presentation: Food as an Artistic Expression. 

In the age of social media, how food looks on the plate is almost as important as how it tastes. But can the art of food presentation, or “plating,” be protected under IP law? Though chefs are increasingly recognized as artists, current copyright laws don’t explicitly protect food presentation. The intricate designs chefs create on plates can be considered art forms, due to the use of color, size, and texture on a plate that serves as a canvas. However, there is no clear legal precedent for copyright protection in this area.

Trade Secrets: A Common Solution for Culinary Creations.

One of the most common ways chefs and food companies protect their valuable creations is through trade secrets. A trade secret is confidential business information that gives a company a competitive edge, such as a recipe, formula, or process. Some of the most famous recipes in the world, like the formula for Coca-Cola or KFC’s secret blend of herbs and spices, are protected as trade secrets. Unlike copyright, which requires public disclosure, trade secrets remain protected as long as they are kept confidential.

Smaller restaurants can also benefit from trade secret protection. A family-run restaurant, for instance, can safeguard a secret sauce recipe by ensuring that the recipe is not generally known, provides some sort of economic gain, and has been protected from public knowledge. However, keeping recipes secret can be challenging as advances in food technology make reverse engineering more common.

Patents in the Culinary World: When Technology Meets Food.

Patents, though rare in the food industry, can apply to innovative cooking methods or technology. A patent is a legal right granted to an inventor that allows them to exclude others from making, using, or selling their invention for a certain period of time. For example, molecular gastronomy—a style of cooking that blends food science with culinary arts to create new textures and flavors—offers unique patentable techniques. Chef Homaro Cantu patented his technique of printing edible images on flavored paper. These kinds of inventions are unique in that they combine food with science, creating patentable methods that go beyond typical recipes.

That said, for most chefs, pursuing patents is not practical. Patents are expensive, time-consuming, and have strict novelty requirements, which makes them difficult to pursue for chefs who build on existing culinary traditions. Only groundbreaking inventions, like new food processing techniques, typically qualify for patents.

Trade Dress: Protecting the Look and Feel of Culinary Creations. 

Trade dress offers another form of protection, particularly for restaurant plating. Trade dress, a subset of trademark law, protects the distinctive look or packaging of a product. In the food industry, this can apply to a restaurant’s signature dish or unique packaging.

For example, a dish with a distinctive presentation could qualify for trade dress protection if it’s recognizable and identifies the creator. Trade dress protection is useful in cases where the presentation of the food itself becomes a part of the brand’s identity​. However, trade dress protection only applies if the presentation is both distinctive and non-functional, meaning it cannot merely serve a practical purpose like making the food easier to eat. This limits the application of trade dress protections to truly unique and artistic presentations.

Conclusion 

As the culinary industry continues to evolve, chefs and restaurateurs are increasingly turning to IP law to protect their creative efforts. While copyright offers limited protection for recipes, those incorporating creative expression may qualify. Food presentation, though currently outside of traditional copyright protection, may gain legal recognition as the line between art and food continues to blur. 

In the meantime, trade secrets, patents, and trade dress offer practical ways for chefs to protect their culinary innovations. By understanding how IP law applies to the food industry, chefs and restaurateurs can better protect their work while continuing to innovate. As competition in the culinary world grows, so too will the need for chefs to explore these legal protections and safeguard their unique creations.

#WJLTA #UWLAW #IPLAW #CulinaryInnovation #LegalFlavors