<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>In this text, I put forward the thesis that the taste of a dish or food product may be protected under intellectual property law. As is known, intellectual property law protects the creations of human intellect. Culinary, perceived by recipients mainly through the prism of taste, is undoubtedly one of the many areas in which human ingenuity is manifested. Therefore it is not surprising that the protection covers various intangible goods related to the taste of dishes and culinary products, such as quality labels, trademarks, works and legally protected secrets; one can and should ask about the ‘saturation’ of culinary issues with intellectual property. This study is an attempt to indicate the legal institutions applicable to the protection of culinary arts. It is disputed whether taste can be considered an object of copyright protection (in a work). This is due to the difficulty in identifying the elements of creativity in cooking. These elements can be indicated in the taste as being a derivative of the composition of the ingredients of the dish, their proportions and the harmony between them. There is no doubt that taste can be protected under the Protected Designation of Origin, Protected Geographical Indication and Traditional Speciality Guaranteed institutions, and as a sign of secrecy, be it by a cook or an entrepreneur employing a cook. On the other hand, the possibility of registering a taste as a trademark should be rejected.</p>
</abstract>

In this text, I put forward the thesis that the taste of a dish or food product may be protected under intellectual property law. As is known, intellectual property law protects the creations of human intellect. Culinary, perceived by recipients mainly through the prism of taste, is undoubtedly one of the many areas in which human ingenuity is manifested. Therefore it is not surprising that the protection covers various intangible goods related to the taste of dishes and culinary products, such as quality labels, trademarks, works and legally protected secrets; one can and should ask about the ‘saturation’ of culinary issues with intellectual property. This study is an attempt to indicate the legal institutions applicable to the protection of culinary arts. It is disputed whether taste can be considered an object of copyright protection (in a work). This is due to the difficulty in identifying the elements of creativity in cooking. These elements can be indicated in the taste as being a derivative of the composition of the ingredients of the dish, their proportions and the harmony between them. There is no doubt that taste can be protected under the Protected Designation of Origin, Protected Geographical Indication and Traditional Speciality Guaranteed institutions, and as a sign of secrecy, be it by a cook or an entrepreneur employing a cook. On the other hand, the possibility of registering a taste as a trademark should be rejected.

Taste as an Example of a Non-Standard Subject of Protection in Polish Intellectual Property Law

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

In this text, I put forward the thesis that the taste of a dish or food product may be protected under intellectual property law. As is known, intellectual...

Taste as an Example of a Non-Standard Subject of Protection in Polish Intellectual Property Law

Publié en ligne: 05 avr. 2022

Pages: 75 - 93

Reçu: 30 nov. 2021

Accepté: 28 févr. 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.05

Mots clés
flavour as a trademark, legal protection of the quality of taste, taste as a piece of work, taste as a trade secret

© 2022 Piotr Ślęzak, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Taste as an Example of a Non-Standard Subject of Protection in Polish Intellectual Property Law

Publié en ligne: 05 avr. 2022

Pages: 75 - 93

Reçu: 30 nov. 2021

Accepté: 28 févr. 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.05

Mots clésflavour as a trademark, legal protection of the quality of taste, taste as a piece of work, taste as a trade secret

© 2022 Piotr Ślęzak, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Mots clés
flavour as a trademark, legal protection of the quality of taste, taste as a piece of work, taste as a trade secret