Are food bloggers an easy target for copyright infringement? Because it is just recipe writing, blogging can someone easily take away our product (our writing, our associated photos and recipe cards) without prior permission. Where does the law stand?
Patent Right:
If you create a recipe or introduced a new method of production, or invented a new ring rodent which is substantially different from the prior art, you can claim patent for the recipe, or if you are introducing a new method in cooking an already well-known dish still you can claim your right over the said dish because you have invested your labor, time and originality to create that end product. For example, if you can cook an omelet in an innovative way you can claim copyright
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Then yes, your product will be guarded by copyright laws. The philosophy behind the same is to reward you for your labor and creativity by recognising your ‘intellectual’ ‘property’. So the test to determine the same is will it qualify as your intellectual property?. Again coming back to food blogs, as we all are aware, all food bloggers has their own unique style and flair for writing, it may not be just a display of some ingredients it has their personal touch. So your writings are protected because it is your baby. Another aspect to consider in the case of our food bloggers are, what is our ultimate aim of food blogging. We want other’s to make and enjoy our dish isn’t it? Yet another successful plate of our food makes us happy, isn’t it. That is why almost all of us use the phrase ‘serve and enjoy’. So we are giving permission for non-commercial fair use. Having said that if you came to know that your invention is served in a restaurant and they are making a few pounds out of it, then you have every right to claim an ownership for that dish. With so many cooking competitions and reality show looking for innovative, creative dishes it is possible that a contestant’s research may end up in the reproduction of one of your ‘own creation’. Having said all these, it should be admitted that it is so hard t prove that substantial difference from the original in the UK and The US. There are not
To obtain a patent, the first requirement is that thing is in terms of “invention”, but not “discover”.
I would define innovation as the ability to apply this creative thinking to an existing product, solution or approach that improves the outcome of a solution to a problem or usefulness of a product. Innovation is the ability to put creative thoughts to use in a way that is beneficial to a person, product, object, problem or situation. .
A patent is a legal document giving inventors the property right to their own invention. A patent didn’t always mean the rights to an invention though. A patent used to mean a special privilege or favor. It also could be used to acquire more land or obtain rights to explore a new land. Presently the patent is used only for the rights to your invention. Virginia Alexandrea from The United States Patent and Trademark Office wrote the article “General Information Concerning Patents” where she described what Patent rights include.
Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
While a trademark cannot be infringed upon at any time, if a trade secret is obtained through legal means it is no longer protected from use. With a patent, third parties are prevented from making, using or selling the invention thus protecting the funds used in the research and development (R & D)effort. This initial investment can be recovered and if the product is desirable, business success is realized for the property owner.
Most nations grant patent priority to the individual who can prove (s)he was the first to invent.
Ideally a patent is not supposed to give monopoly over an idea to an inventor unless the idea is useful to the public. Thus, a gene should be shown to be capable of being useful to the public in the form of new products or treatment, before anyone should be able to patent it.
New invention means any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e., the subject matter has not fallen in public domain or that it does not form part of the state of the art. In Japanese Patent Act 1959, invention means the highly advanced creation of technical ideas utilizing the laws of
The U.S. constitution gave Congress the power to “ promote the devellopment of the useful arts” by granting exclusive rights to inventers for a limited period of time. The purpose of a patent was to assurre the rights of the creators in exchange for not keeping these inventions secret, thus overall knowledge base grows.
Why is it so hard to sell my recipes? Somehow, monetizing recipes in the market has not developed well and still relies on rather traditional ways such as selling them to food magazines, starting a food blog, or entering contests. Why does selling my recipe have to be this hard and cumbersome? For this reason, lots of “hidden jewels (recipes)” that can generate huge profit have not even had opportunities to be introduced in the public and are just buried.
The value of intellectual property is something that can be debated among the rack and file members of any industry, but the measures created to protect IP of all shapes and sizes has been affected in preventing companies from establishing intellectual property that would benefit the organization. The basis of this response paper is to address the value of intellectual property for the Wendy’s company, throughout the paper the writer will answer vital questions regarding IP and Wendy’s. Intellectual capital is the intellectual property used by an organization to generate revenue for the organization. Companies such as Wendy’s depend on the intellectual property to separate themselves from the pack of competition within their industry. “The success of our business strategy depends, in part, on our continued ability to use our existing trademarks and service marks in order to increase brand awareness and further develop our branded products
A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while
Innovation is normally used to denote the process that takes place when a product or a process is developed, from idea to market; the concept of invention only denotes the process that takes place when new ideas or solutions are generated. Baumol (2002) argues “is it possible to have lots of inventions and still lack innovations. Nevertheless, inventions are a necessary precondition for innovation”.
In Article 1 of the Patent Law, it states the right to patent protection for “inventions-creations.” Article 2 defines inventions-creations as inventions, utility models, and designs. These are also defined by rule 2 of the Implementing Regulations:
You may be wondering, what does that mean? How many blog entries I do in a week? How do I make these entries, are consistently good?. In this newsletter We will see step by step all that.