I have a great recipe from someone else and I wanted to start making and selling the product but I don't want to get sued, if I add one extra thing to the recipe will it be mine? and will it be ok to sell it as my own?
Someone please help me out.
2007-01-06 02:42:06 · 10 answers · asked by Von 1 in Food & Drink ➔ Cooking & Recipes
As a chef I run into this question everytime I design a new recipe for our menu. The basic concept of every main dish is the same... the differences are spices and technique. many chef's are able to use a recipe word for word, but it's all in the preperation and plating design. That's what makes a dish so unique.. you can have Lamb in a red wine and cherry demi glaze one place and then go to another resteraunt and hate it. nOne may have let their glaze cool, while the other poured it onto the lamb scalding it and crisping a sweet crust onto it. Chef's are known to patent their techniques for cooking things into a bigger buisness such as a unique piece of cookwear.. (stick blenders and dutch ovens are a great example of them). You can get away with a lot, but part of being a great chef is taking a recipe and tweaking it to make it richer in flavor, more presentable, and overall.. BETTER! Good Luck and great cooking!
2007-01-06 03:06:11 · answer #1 · answered by chefbaker 2 · 1⤊ 0⤋
In many jurisdictions recipes are eligible for copyright protection depending on particular circumstances.
"Mere listings of ingredients as in recipes, formulas, compounds or prescriptions are not subject to copyright protection. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a combination of recipes, as in a cookbook, there may be a basis for copyright protection."
"For copyright to subsist in a work there has to be some element of originality and the test is the degree of skill, labour and judgement expended by the author in the creation of the work."
If you are serious about doing this commercially you need to approach the issue commercially and get expert advice on the intellectual property issues.
Remember free advice is worth what you pay for it.
2007-01-06 03:11:47 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You're not going to get sued over a recipe. How the industry keeps recipes is through secrets. If you patent it, you have to make the recipe available for people to see, and patents do expire. Don't worry about it ... but for a competitive advantage, keep your best recipes secret.
2007-01-06 02:54:47 · answer #3 · answered by M H 3 · 0⤊ 0⤋
i think it has to have 10% worth of differences. that's not too hard for most recipes. but just ask yourself if it's the right thing to do. why not ask the person who you got the recipe from if you can use it? they're not selling it elsewhere, are they?
2007-01-06 02:44:31 · answer #4 · answered by Poet 4 · 0⤊ 1⤋
Legally I can't help. Morally I would discuss with originator. It may be a passed around recipe but is the first time for you. Just changing one thing doesn't seem to me to be 'your own' saleable.
2007-01-06 02:47:12 · answer #5 · answered by newstartskp 1 · 0⤊ 1⤋
it depends on what kind of recipe. if its something common like cookies I think that its no big deal . but if its someones signature dish at some fancy restaurant I think that could be a problem.
2007-01-06 02:45:22 · answer #6 · answered by clickgirl 2 · 1⤊ 0⤋
You cannot patent or trademark recipies. Even if you could what would stop someone else from adding one little thing to make it their's?
2007-01-06 03:05:07 · answer #7 · answered by bcbodie1978 2 · 0⤊ 0⤋
Sounds like a question for an atttorney. Patent law perhaps
2007-01-06 02:45:43 · answer #8 · answered by AlwaysOverPack 5 · 1⤊ 1⤋
Recipes can not be trade marked
2007-01-06 02:44:58 · answer #9 · answered by Anonymous · 0⤊ 1⤋
i don't understand what u are saying????????? english
2007-01-06 07:35:51 · answer #10 · answered by Rock ah About 3 · 0⤊ 1⤋