Search for a Suitable Legal Framework to Protect Culinary and Recipes under the Intellectual Property Law

Document Type : Original Article

Author

Ph.D in private law, Qom uinversity

Abstract

Today, culinary is considered as an intellectual creation and manifestation of derivative art. Taste, smell, and passion have always been a mixture of culinary art, and innovative dishes combined with innovation and creativity have a significant contribution to the emergence of restaurants and their income. It is obvious that the prosperity and continuity of such a business requires attention to cooking methods and recipes as intellectual property. The current paper tries to verify the different forms of intellectual property rights to support cuisine and recipes and introduce the appropriate legal regime that can provide proper and appropriate protection. In this regard, the manner of supporting is examined in the light of legal issues such as copyright, patent, trademark, trade dress and trade secrets. The achievement presented proves the effectiveness of trade secret rights and attention to confidentiality agreements in the field of cooking. This paper concludes that extending of intellectual property rights on cuisine and recipes, as well as the requirements of such support, are very different depending on the form of protection and sometimes lack the necessary efficiency.

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Main Subjects

Legal Research Quarterly
Volume 27, Issue 3 - Serial Number 107
November 2024
Pages 237-253

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History

  • Receive Date: 17 September 2023
  • Revise Date: 15 January 2024
  • Accept Date: 27 January 2024

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