Tuesday, February 16, 2010

Pancake designs and verbal descriptions

Today, 16 February, is Shrove Tuesday -- the day before Ash Wednesday, better known in some quarters as Pancake Day.

To mark this event, Class 99 draws the attention of its readers to the concept of the designer pancake (shown, right; recipe here). This raises a perennially popular question for the intellectual property fraternity: to what extent may design protection or artistic copyright protection of a completed three-dimensional object such as a pancake be secured through a merely verbal account of its construction, such as a recipe?

While there appears to be no common approach to this issue within the Single European Market, Class 99 is pleased to report that the European Commission has yet to receive any specific complaints regarding this manifestly non-level part of the economic playing field, at any rate from consumers ... of pancakes. Have a lovely day!

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