Visual Art in Culinary Creations: Venturing into the Negative Spaces of Intellectual Property Rights
Culinary creativity converges itself into unconventional form of “art” that is devoid of any IP right to configure within its realm. Chefs and restaurateurs use the modicum of creativity in either food dressing or instilling a recipe to enunciate their expressions. Like any other form of creation, competing restaurateurs and exploiters discredit the original creator of work by using their creativity content and pirating the menu. As long a resultant work is established in a perceptible form with originality in its expression it conveys a right in its being called copyright.
The vagueness lies around the fact that which among various IP is befitting culinary is a problem to be delved in through laborious research under Patent, Trade dress, Copyright concerning the major IPs. To exemplify- recipes are to be considered procedures and processes which are to be secured by a patent and not copyright weighing through creativity copyright also seems a contestable claim.The expanse of gastronomical industry has grown from being perfunctory to large revenue, multimedia consumer industry. The chefs unlike writers, musicians, painters have no redressal when their work is being exploited because of negative space existing in IP under unconventional works.
The author will therefore attempt to find and finalize a straightjacketed approach required for a functional creation to be placed within the contours of Law and offered protection duly under IP. An enunciation would then be made through encompassing jurisprudence of IP and system of incentivization which is holding back culinary creations from getting recognized as a work made through exercising intellectual choices.