tag:blogger.com,1999:blog-5574479.post6382128963025618565..comments2024-03-29T09:21:58.696+00:00Comments on The IPKat: Do you care if the food at the restaurant is labelled "fait maison"? Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-5574479.post-91685356403443191972013-07-20T22:17:12.731+01:002013-07-20T22:17:12.731+01:00Reminds me of that 1976 classic "L'aile o...Reminds me of that 1976 classic "<a href="http://www.youtube.com/watch?v=5ydLqgdbq7k" rel="nofollow">L'aile ou la cuisse</a>".<br /><br />At 33", gastronomic guide editor Duchemin (Louis de Funès) has a taste of factory-made "home" cuisine.<br /><br />But he also had the <a href="http://www.dailymotion.com/video/x1misc_auberge-aile-ou-la-cuisse_fun?search_algo=2#.Uer9NI1wqS8" rel="nofollow">pleasure</a> of trying real traditional country cooking, guaranteed "fait maison".Roufousse T. Fairflynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-35134676923079224082013-07-18T16:04:39.488+01:002013-07-18T16:04:39.488+01:00Andy J - well, if some might say that TV show form...Andy J - well, if some might say that TV show formats are an example, then obviously that leaves the possibility that some might not!<br /><br />I guess you're right in that it's not so much a norm, more that historically at least there seems to have been a belief that the law gives protection to TV show formats where in fact there isn't any, there is only protection for ancillary elements such as copyright in graphics/music. So, from the FRAPA website, where you can if you wish register your TV show format proposal: http://www.frapa.org/about/faq/<br /><br /><i>While the format trade assumes that intellectual property (IP) rights exist in formats, this assumption is disputed in law. Consequently, protection for formats will remain an issue while format theft remains a risk — and FRAPA will continue to fight for the acknowledgement of format protection.</i>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-11030620785326166622013-07-17T15:55:44.989+01:002013-07-17T15:55:44.989+01:00Interesting.
Outside of the limited times scope, ...Interesting.<br /><br />Outside of the limited times scope, copying (in US jurisprudence) is considered a legally desired thing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-62046727505655609302013-07-17T13:11:13.830+01:002013-07-17T13:11:13.830+01:00There is a similar problem in the fashion industry...There is a similar problem in the fashion industry regarding cuts and patterns etc. Apparently it is now established case law in Germany that designers enjoy protection of their creations for "one season" by competition law. That means you are not infringing their IP by copying or selling similar designs, but you are acting unfair in the market which gives the original designer a right for injunctive relief. <br /><br />Maybe similar problems may also be tackled by competition law. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-88437964704578546302013-07-17T07:49:16.745+01:002013-07-17T07:49:16.745+01:00"Some might consider TV show formats to be an..."Some might consider TV show formats to be another example?"<br />On the contrary, I would suggest that many TV show formats are extensively copied. Indeed there has been a good deal of litigation especially in the US between the networks and others over formats such as Sheehan V MTV (SDNY 1992), <a href="http://en.wikipedia.org/wiki/Survivor_%28U.S._TV_series%29#Controversies_and_legal_action" rel="nofollow">Survivor</a>(CBS v Fox TV), the Contender, I'm a Celeb, and in other jurisdictions, <a href="http://en.wikipedia.org/wiki/Endemol#Lawsuits" rel="nofollow">Big Brother</a>, Takeshi's Castle (Japan) and a real oldie: <a href="http://www.swanturton.com/ebulletins/archive/TheRealLessons.aspx#.UeY6VBkjOfA" rel="nofollow">Greene v NZBC</a>.<br />And it's not just the litigated cases: Nanny 911 / Supernanny; The Apprentice / The Rebel Billionaire. <br />So much copying of formats hardly suggests a norm to respect original ideas.Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-56347723232819828942013-07-16T21:45:25.023+01:002013-07-16T21:45:25.023+01:00Some might consider TV show formats to be another ...Some might consider TV show formats to be another example?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-43559468412255003012013-07-16T17:00:23.551+01:002013-07-16T17:00:23.551+01:00Here's an article about protection of magician...Here's an article about protection of magicians' secret tricks:<br />http://www.wired.com/opinion/2013/07/the-tricky-business-of-innovation-can-you-patent-a-magic-trick/?cid=co9596674<br /><br />There is a mention towards the end of informal community policing deterring magicians from copying one another's tricks.Garethnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38184741291611050182013-07-16T15:40:33.702+01:002013-07-16T15:40:33.702+01:00Pargraph 6.1 of http://orgsci.journal.informs.org/...Pargraph 6.1 of http://orgsci.journal.informs.org/content/19/2/187.full.pdf suggests norms based protection is also found in the sports equipment field.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-92222005043576101872013-07-16T14:59:05.173+01:002013-07-16T14:59:05.173+01:00This is rather like the rule against comedians cop...This is rather like the rule against comedians copying each others' jokes. Are there any other areas where these norms apply?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-75516468293089079422013-07-16T12:24:02.424+01:002013-07-16T12:24:02.424+01:00Who needs "norms" when you can simply ap...Who needs "norms" when you can simply apply for a patent ;-)<br /><br />"Bakery product comprising sauerkraut and gnocci and process for its preparation"<br /><br />http://www.google.com/patents/EP1498033B1?cl=enAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-36405579273759112842013-07-16T05:12:14.421+01:002013-07-16T05:12:14.421+01:00A similar article was published in the 6th July ed...A similar article was published in the 6th July edition of the Economist entitled 'French Restaurant-No place like home'.<br /><br />http://www.economist.com/news/business/21580520-restaurateurs-may-be-forced-draw-up-new-more-honest-menus-no-place-homeShalini Benganinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-67792721273537999712013-07-15T20:10:34.170+01:002013-07-15T20:10:34.170+01:00It does not surprise me that the French have such ...It does not surprise me that the French have such strong feelings about what some may label as "sweat of the brow" and others label "droit de suite."<br /><br />However, creating a new (but exclusive) label and calling it 'positive' is only as 'positive' as being positively devisive.<br /><br />Such word-play is not that tasty.<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7764085528123107942013-07-15T17:32:52.453+01:002013-07-15T17:32:52.453+01:00I like the idea of a Gnoms-based IP system for res...I like the idea of a Gnoms-based IP system for restaurants...OmGnomGnomnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-29721659105515145922013-07-15T16:59:46.805+01:002013-07-15T16:59:46.805+01:00The article very much reminds me of the novel '...The article very much reminds me of the novel 'The Remains of the Day' by Kazuo Ishiguro where the concept of dignity and social restraint dictate the behaviour of the butler. It is interesting to see 'societal norms' being so strong amongst French chefs, and for others chefs' opinions of one to regulate behaviour in this way. I've met UK companies that have relied on gentlemanly conduct (rather than patents) to protect their IP, which seemed to work until more aggressive non-UK firms entered the market. It is fascinating to see from the French chefs that informal IP protection systems can come about where there are no laws to do it.Anonymousnoreply@blogger.com