How to protect food presentation by intellectual property

Abstract

Abstract: The protection of food presentation through intellectual property law is an evolving area that intersects culinary arts, branding, and legal frameworks. Food plating and presentation may receive protection under copyright, design, trademarks, trade dress, trade secret or other means, namely self-regulatory standards, confidentiality agreements and fiduciary duties. This paper explores the protection of the three-dimensional presentation, that is, the “food plating”, by copyright. We highlight the equilibrium between artistic expression, commercial identity, and fair competition in food presentation. The right balance between protection and public domain, difficult to achieve, must guide us in an area based in heritage and innovation.