Criminal law protection of culinary recipes in the light of art. 115 paragraph 1 of the Act of 4 February 1994 – Law on Copyright and Related Rights

Abstract

Criminal law protection of recipes is a complicated issue, therefore each case related to suspicion of plagiarism should be examined separately. A culinary recipe consisting of a list of ingredients and a description of the preparation of a dish may be protected under Art. 115 paragraph 1 of the Act of 4 February 1994 – Law on Copyright and Related Rights, but only if it has the features of a copyright work – creative and individual character and if it has been established. The legislator deliberately deprived the legal protection of discoveries, procedures, ideas, principles and methods of operation and mathematical concepts so as not to disturb the progress of civilization.It is impossible to commit a plagiarism by copying only the list of ingredients from another person’s culinary recipe. Admittedly, the procedures and methods of operation are not covered by copyright protection, however in the case of appropriation of a recipe containing a creative and colorful description of the preparation of the dish with the simultaneous dissemination of this provision as it is own, without the prior consent of author, the features of a crime in the form of plagiarism may be realized.