Yes, don’t laugh. It’s serious stuff. So much so that Above the Law have dedicated an entire article to it
Here’s somthing to get your tastebuds going, must say, here at LIPS, we’d never heard of a “pitmaster” before today. The things you learn!
More at ….
Restaurants and chefs are always looking for the next great culinary creation, but may also be invested in signature dishes or items (like those derived from family recipes handed down for generations). Each of these dishes and items help distinguish restaurant establishments from one another, and in the competitive world of the restaurant business, every little bit counts. In fact, these considerations are not limited to restaurants – bakeries, breweries and wineries benefit as well, to name just a few. What may be pleasing to the palate, however, is not always acceptable under intellectual property law.
Before digging in, it is important to think about recipes in a broader perspective so as to understand what is being protected, and barbecue provides a tempting example (my apologies, vegetarians). One of the most popular forms of barbecue is smoked brisket, a specific cut of beef that requires a long, slow cooking time so as to allow the meat to properly tenderize. That said, proper preparation can include not only the quality of the cut of beef, but how it is trimmed and prepared prior to smoking. Often, a spice rub composed of unique compositions of spices is prepared and used, being rubbed on the meat a then letting the meat “rest” with the rub prior to actual smoking. As noted above, different types of wood can be used to smoke the meat, the may be a “good smoke” or “hot” smoke for a specific period go time depending upon the recipe, and these steps merely scratch the surface. As you can see, smoked brisket that you eat is more than just the simple “recipe” of components – it is a combination of various elements, techniques, processes and steps that make-up the end-product. This is the case with many other “recipes” as well, from baked goods to the brewing of beer.
Why Protecting Recipes Under Intellectual Property Law May Leave a Bad Taste in Your Mouth
