Journal of Intellectual Property Rights

Anuttama Ghose ¹, S M Aamir Ali ²

Affiliations
1 School of Law and Justice, Adamas University, Kolkata - 700 126, West Bengal,, IN
2 Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune - 411 014, Maharashtra,, IN

Abstract

We have observed for a very long time that, in various instances, food and recipes are considered the subject matter of art. Different chefs and restaurants have received global recognition for their creativity and talent. Their creation forms an integral part of intellectual assets, which are exploited commercially. Although in popular opinion, the culinary industry is often considered a representation of derivative art, however, with the advancement of culinary techniques and creativity of chefs across the world, various forms of intellectual property laws are claimed by these proprietors and stakeholders in order to protect their unique creations from encroachment. Signature dishes and the unique ambiance of a restaurant are always the subject matter of well-known controversies. In this article, the author makes an attempt to analyze various culinary conflicts observed across the world and examines the various possibilities of protecting the artistic arrangement or plating of their dishes under traditional as well as the non-traditional scope of intellectual property laws. The article discusses the statutory and judicial pronouncements pertinent to this issue in the light of notable principles of Copyright, Trademark, Trade Secret, and Patent laws, along with ramifications involved in safeguarding the same. The findings and suggestions provided in this research, in the end, put forward the efficacy of confidential agreements and the requirement of strict statutory provisions on trade secret laws to protect the unique creation of culinary industries.

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Aastha Gilda ¹, Anuttama Ghose ¹

Affiliations
1 School of Law, Dr. Vishwanath Karad MIT-World Peace University, Pune - 411 038, Maharashtra, IN

Abstract

Intellectual property issues are covered by international contracts and need private enforcement, or steps taken in court by private parties. These legal actions are governed by the legislation of the nation where the lawsuit is filed and are based on the territoriality concept. A thriving private international law may contribute to the system in ways that go well beyond resolving individual conflicts because it acknowledges the expressive and formative power of judicial decision-making. National courts had played limited part in the development of global intellectual property law under the conventional framework controlling matters relating to intellectual property. The lack of willingness on the part of courts to consider claims involving external intellectual property rights resulted in a pattern of domestic litigation of foreign conflicts, typically based on a right similar to that given by the municipal law system in effect at the time. When it came to intellectual property rights, litigation only involved the domestic rights discussed in municipal law. It did, however, get national courts thinking about situations with global implications, which led to the incorporation of private international law into IP protections. In an effort to better understand the Indian perspective on foreign intellectual property concerns, this study examines the laws that govern IPR violation, validity, ownership, and the difficulties of implementing abroad court judgments.

Keywords

Intellectual Property Rights, Private International Law, Choice of Law, Jurisdiction

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