Activity: Alex the Chef


Let’s think about Alex the chef once again.

Having learned how the various forms of IP can either intersect or exclude each other, let us re-examine the different forms of IP that Alex might consider in her overall IP strategy.

Scenario 1

Alex is especially proud of a new cooking technique she developed for using dried ice and lemons to create an entirely unique texture and taste for cooked vegetables. >Alex would like to ensure that no one is able to reproduce her process without her permission.

Confidential Information/Trade Secrets: Alex could consider using confidential information/trade secret protection if the process cannot be easily reverse engineered or at least until she files her patent.

Scenario 2

Alex is writing a cook book which will include her best and most popular recipes. >Alex knows that she will have copyright in the cookbook.

If Alex has kept her best recipes secret, then she would likely have confidential information/trade secret protection in those recipes. She would lose this protection once her secret recipes are published in a book.

Alex will have to think strategically about which recipes to include and the costs and benefits of full disclosure of all her recipes in her book.

Alex might consider a ‘hybrid strategy’ in which she would choose not to publish her very special recipes in order to keep her competitive advantage. She could then maintain confidential information/trade secret protection over the unpublished recipes.

Scenario 3

Alex is considering selling some of her special sauces at her restaurant. Her restaurant is called BOBO and she wants the sauces to be called BOBO BLENDS.

Scenario 4

Alex has designed special bottles for BOBO Blends sauces. These long and thin bottles resemble the shape of carrots.

Trademark protection in the shape of the bottles.

Copyright in the design drawing of the bottle as an artistic work but not necessarily in the 3D shape of the bottle in countries that limit the availability of copyright for mass-produced useful articles.
Last modified: Thursday, 14 September 2017, 10:56 AM