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Those who have a passion for Italian cuisine know that traditional and authentic Italian recipes are mostly the result of an artistic combination of five or six, really very few ingredients. The extraordinary flavor of the dish comes from the outstanding quality of the products used, but it is also the result of the work of the cook.

 

All women and men in Italy, whether they are chefs, housewives, or just passionate about food, have their own “tricks”, their “best way to do it”. Sometimes they keep them as secrets to be handed down to the future generations of the family. But in other cases they publish them in books, on their own personal blogs, or share them with the readers of a magazine. People are welcomed to reproduce them in their kitchen, but happens if they copy and re-publish them as their own creations?
 

Sabina Lepre Leva , In-House Counsel of the Italian IPR Desk New York-Italian Trade Commission, analyzed the question during the second part of the seminar “Il ‘Made in Italy a tavola. Ingredienti salutari, qualità del cibo e tutela giuridica dei prodotti tipici negli USA”

(Made in Italy at the table. Healthy ingredients, quality of food and legal protection of typical products in the US). In her speech “La tutela giuridica delle ricette culinarie negli USA” (The legal protection of culinary recipes in the US), she explained that in this country recipes can be protected through the adoption of several legal measures, according to the particular case.

First of all, the author can decide to patent his invention. According to the US Patent and Trademark Office, more than 30.000 patents have been given for recipes that were shown to be unique and “not-obvious”. If the recipe meets these two fundamental requirements, and not more than 18 months have passed by since its invention, it can be patented. What is protected, however, is not the recipe itself, but the way the author describes the culinary process, his advice, and the methods he suggests to prepare a certain kind of food.
 

Lets make an example. The directions to prepare pasta with sausages and mushrooms could be: “Crumble the sausage in a skillet over medium-high heat. Cook and stir until evenly browned. Drain grease, and stir in the thinly-sliced mushrooms. Let them cook until dark brown, remove from heat, and carefully mix in “al dente” pasta with grated parmesan cheese”. This is the part of the recipe that would be protected, not the blend of sausages, pasta, mushrooms and cheese. It is not the ingredients that make the recipe perfect, but the sapient touch of the chef that puts them together!
 

Is copying always punishable? No, as Mrs. Leva explained to us. “There are two cases in which copying is tolerated and the legal protection can not be guaranteed. In the first case the recipe is reported for “fair use”, that is for educational purposes; in the second case, the doctrine of “de minimis” applies, and this is when the recipe is copied only in part”.
 

And what about the “art of cooking?” As strange as it might seem,  the presentation of a dish can also be subject to copyright. In Italy, indeed, it is common to say that a dish that looks good, will taste even better. The results of the work of a chef can become a true piece of art that you would never want to imitate to perfection. A complaint could be raised against you…

A chef also has the right to protect his inventions when he stops working in a restaurant. In fact, he can sign a so-called “Non Disclosure Agreement”, by which the owner of the establishment is asked not to use the recipe any more, according to the terms of the contract. The recipe in this case is considered classified information, since its divulgation could result in economical damage for the chef.
 

Is it worth it to denounce such a violation of copyright? Does it pay to go through a whole trial to defend your rights on a recipe? Whatever might be the reason for which chefs decide to copyright their recipes, we certainly know why they are copied so much: in most cases, they are simply delicious. As Mrs. Leva suggested, sometimes Italian chefs consider it so important not for financial reasons, but more for  moral ones. Most chefs are really proud of their creations, even of the simplest. For instance, the famous chef  Fulvio Pierangelini from the Gambero Rosso in San Vincenzo  said "I should copyright my passatina di ceci con gamberi –chickpeas puré with shrimp. Many try to copy it. You know why… it only happens when it comes to good stuff!”