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France jurisdiction report: Protecting your plate

France jurisdiction report: Protecting your plate 10-01-2021 09-09-2016 French deputies have tabled a draft of law to create a sui generis industrial property right protecting culinary creations. 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.

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