Research on Suitable Legal Framework to Protect Culinary and Recipes under the Intellectual Property Law

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Mohammadi Amid

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Journal Paper

Paper Information

Journal: Legal Research Year:2024 | Volume:27 | Issue:107 Page(s): 237-253

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Information Journal Paper

Title

Research on Suitable Legal Framework to Protect Culinary and Recipes under the Intellectual Property Law

Author(s)

Mohammadi Amid | Issue Writer Certificate

Keywords

Culinary

Copyright

Patent

Trademark and Trade dress

Trade secret

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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