As a professional speaker and intellectual property consultant, I get asked many questions. One of the most common questions is whether or not a recipe is copyrightable. The short answer is no. However, through an intellectual property strategy, certain aspects may be protected.
To be copyrightable, there has to be an element of creativity (among other things). A recipe, is a set of instructions. So, it cannot be copyrighted. However, the added explanations, descriptions of the food creation process, smells or tastes, as well as the storytelling of the personal voyage or family history behind the recipe can all be copyrighted.
Another way to protect a recipe is through a trade secret. Whether it’s your own secret sauce, special ingredient or special way of preparing the food that gives it that extra yummy taste, it may very well be kept as a trade secret. Remember, to be a trade secret, you cannot share or publish the recipe. You have to keep it a secret. If you are in the food service industry, don’t share your secret with all employees, keep it on a need to know basis. And always, use employee contracts to your advantage. For example, add clauses stating the confidentiality nature of any intellectual property they may become privy to.
Lastly, through a trademark, you can protect the name under which you promote or sell your food product. To find out more about trademarks, stay tuned for our next post.
Author: Patricia Ramírez Gelpí, J.D., LL.M.
Image: Cozine/Shutterstock.com
