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Recipe Copyright And Culinary Innovation: Balancing Protection And Openness In The Food Industry




S Nagaswetha & Channakiya, BBA.LLB (Hons), Sastra Deemed to be University


ABSTRACT


The food industry is a tangled web of culinary traditions, recipes, and advances. Within this lively ecosystem, the issue of recipe copyright has grown increasingly important, raising arguments about how to strike a balance between safeguarding culinary innovations and encouraging openness and creativity. This study investigates the complex link between intellectual property rights (IPR) and the food sector, with an emphasis on recipe copyright and its influence on culinary innovation. The article starts by describing existing recipe copyright laws and their relevance to the food sector, highlighting the difficulties and limits in protecting culinary creations. It investigates the impact of intellectual property rights in fostering or inhibiting culinary creativity, offering insight on the possible advantages and downsides of recipe protection. The study examines the practical and legal obstacles that chefs, cookbook writers, and food firms when it comes to protecting their recipes against imitation or theft. These obstacles include concerns of creativity, innovation, and recipe change. Furthermore, this study emphasizes the cultural relevance of recipes and culinary traditions, underlining the need of cultural heritage preservation while negotiating IPR problems. The study also delves into the digital arena, especially the significance of intellectual property rights (IPR) in food blogging, digital cookbooks, and culinary content development. It focuses on plagiarism and copyright infringement in the digital environment. A cross-country comparison demonstrates variances in recipe protection and culinary IPR regulations, stressing regional diversity and the effect of international treaties. Finally, the paper speculates on future developments in recipe preservation and culinary IPR. It offers best practices and guidelines to chefs, food companies, and governments to help them negotiate the complex environment of recipe copyright while protecting culinary innovation, cultural history, and global culinary variety.


Keywords: Intellectual Property Rights, Recipes, Food Industry, Copyright, Patent, Trade Secret, Cuisine, Traditional Cultural Expression, GI, Food Blogging.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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