E&M
2022/3
The Protection of the Creativity of Chefs in the Haute Cuisine Sector
In most creative and cultural sectors, copyrights protect intellectual work, thus contributing to protecting competitive advantage. However, in the context of haute cuisine there is not yet a widespread practice regarding use of instruments that can legally protect the original creations of chefs. There are at least three reasons for the reticence of the haute cuisine sector to apply laws for protection of intellectual property: the difficulty of identifying the creative elements deserving protection; the risk of excessive legal protection to the detriment of creativity; and the existence of a system of social norms that in part substitutes legislation on intellectual property. There are some stratagems that chefs and companies in the sector can use to protect themselves; non-disclosure agreements, trade secrets, and registration of trademarks.