21 February, 2017
With the dining experience in Singapore reaching a new level, embraced by the vibrant hawker culture and the notable presence of world renowned restaurants and top-tier chefs, it comes as no surprise that Singapore is the first country in Southeast Asia to be featured in a Michelin Guide.
Experience shows that being listed in the Michelin Guide has a major impact on a restaurant’s business and gives the restaurant a significant boost, as the world-class recognition of being among the top of the profession is a driver for patrons. In order to fully capitalise on the added value of Michelin stars, it is all the more crucial for chefs and restaurant owners to find ways in which they can strategically monetise and protect their intangible assets, in particular their intellectual property. The following simple steps can help you.
The Chef’s Name is a valuable asset! It is notable that several successful chefs have modified their typical business model: instead of keeping certain innovations as trade secrets or confidential information to prevent others from copying, they have publicised them to enhance their image as leaders in their field in order to attract patrons. This in turn increases the value of products or services associated with their names, which then become valuable assets.
The chef’s name can be protected as a trade mark. If a chef registers his/her name as a trade mark, he/she can licence it, or monetise such a trade mark, which can support activities beyond the initial restaurant itself. For instance, some successful chefs own several restaurants which operate under the chef’s brand name, such as Alain Ducasse and Joel Robuchon, each of whom owns or operates 25 restaurants in the EU, the US and Asia, whilst others have entered into partnerships with the food industry, such as Marc Veyrat with Madrange ham and Sodexo, and Marco Pierre White with Unilever.
Apart from protecting their name via trademarks, chefs may also consider registering the name of a signature dish as a trade mark to add to their portfolio of brands.
How to protect your rights in recipes
Apart from protecting names via trademarks, what other avenues do chefs and restaurant owners have to protect their work so as to gain an edge over their competitors? Michelin rewards excellence of execution and innovation.
Therefore, it is important to know whether a recipe can be protected by any form of intellectual property, and in particular, whether a recipe can be patented or protected under copyright laws.
Patent your creation A recipe for “the best Béchamel sauce” will typically not be patentable in Singapore or in other countries if we are looking to protect the mere mixture of various ingredients to form the sauce or the step-by-step method on how to make such a sauce.
This is because these aspects, albeit maybe novel, will generally not be regarded as inventive as it is likely that it would have been obvious to a person skilled in the art and having knowledge on existing preparations of such sauces to come up with the ingredients or steps required to prepare such a sauce.
However, it does not mean that it is impossible to obtain a patent for a food item or recipe. As long as it fulfils the requirements of patentability, it can be patented. If an invention, be it a particular food item, a composition, a recipe or a process for preparing a food item, is able to address an existing problem and is not a solution that other chefs would have naturally considered, it is a good indication that such invention is likely to be patentable.
With the advancement in technology in the food space, we can expect to see more people including Michelin-starred chefs using technology to innovate. In fact, there are already reports of several Michelin-starred chefs who have embraced 3D food printing to innovate and speed up food preparation times. It ishence crucial for top-tier chefs to continue to innovate and protect their innovation where possible to gain a competitive advantage.
Copyright your work
In Singapore, it is unlikely that a mere listing of ingredients of a recipe or a method of cooking will be sufficient to obtain copyright protection. However, if there are other significant details such as a description, an explanation, or an illustration that accompanies a recipe or combination of recipes collated in, for example, a recipe book or cookbook, then copyright protection may be available for such a recipe book or cookbook. That being said, the creation of a dish based on a recipe found in a recipe book protected by copyright does not constitute copyright infringement, neither is it protected by copyright.
Similarly, in other countries with a culinary tradition, a recipe per se is unlikely to obtain copyright protection despite the fact that chefs are considered as artists and should therefore see their work protected.
The next step …
Michelin is not only important to consumers. It is also, through its stars, a major value enhancer for ambitious and talented chefs. Its arrival in Singapore indicates that chefs and restaurant owners should review their business strategy and capitalise on their works and name to stay ahead of the competition, and expand regionally and globally. Chefs and restaurant owners may wish to consider and explore, at least, the following:
- Identifying valuable intellectual assets so as to identify opportunities to capitalise on these assets. These assets include names of chefs and restaurants, names of signature dishes or drinks, and recipes, methods or processes of preparing a dish or drink.
- Generating potential revenue from IP assets through IP licensing, collaborations, joint ventures, and M&As.
- Preparing for crisis, such as the loss of a star or business accidents, that may tarnish the name of the chef or restaurant.
It is imperative that chefs and restaurant owners seek appropriate advice as soon as possible, as operating without protection may impair their ability to protect their assets at a later stage.
