France jurisdiction report: Protecting your plate
Current industrial property law only imperfectly allows culinary creators to obtain protection for their creations at a time when French cuisine is enjoying more and more success, especially abroad.
French case law has decided, on several occasions, that a recipe—which could be compared to a compilation of non-protectable ideas or to the presentation of know-how—cannot be the object of an appropriation, neither by copyright nor by patent law.
The culinary creator may however use patent law in order to protect some of the innovations contained in his or her creations. For example, chef Guy Savoy patented the process of neutralising the taste of iodine while respecting the original taste of sea-urchin.
However, the culinary creator must demonstrate that his or her innovation is not an obvious invention in the eyes of a person skilled in the art, which is difficult to discern in the field of cooking, and that it responds to a technical problem. As a result, patent protection is applicable in only limited cases.
