Food Rights

Food Rights

All works are the fruit of man’s creative activity which, in most cases, deserves to be protected by copyright where the external form possesses novelty, creativity, and originality, even though the creative act is minimal.

The jurisprudence is in fact unanimous in its view: ” With reference to copyright, the originality juridical concept, referred to by Article 1 of Copyright Law, does not coincide with that of creation, originality and absolute novelty as, on the contrary, it refers to the personal and individual expression of an objectivity belonging to the categories set forth under Article 1 of the cited Law, in such a way that the work receives protection on condition that it contains an original characteristic, even if a minor one, which can be shown to the outside world.

This principle also undoubtedly embraces the world of food, a sector in which creativity is one of the main ingredients used chiefly by “starred” chefs, whose culinary creations have long been comparable to true intellectual property that can be protected by copyright law.

Barbone & Tassone Intellectual Property assists “starred” Chefs and Artists in the Food world, paying particular attention to the protection of their intellectual works that, like all other works protected by copyright (such as figurative works and / or – in presence of specific requirements – design) deserve self-protection, extending the protection recognized by law (633/1941) to all creative works of creative character belonging to literature, music, figurative arts, architecture, theater and cinematography, whatever the way or the form of expression.

Barbone & Tassone Intellectual Property also has its own professional activity in the management and protection of trademarks, design and patents of companies operating in Italian and the foreign food sector and works as a “Lead office” in the “” partnership – thanks to the technical knowledge of copyright and related matters – for the creation of the first Collective Management Organization in the world to protect the Copyright and Neighboring rights of starred Chefs and all “artists” working in the world of food.

Diritto d’autore: maxsheb / 123RF Archivio Fotografico – Maxim Shebeco: