[Book Review] Food, Philosophy, and Intellectual Property

This TechieKat was pleased to put her paws on Food, Philosophy, and Intellectual Property, written by Enrico Bonadio (Professor of Intellectual Property Law at City St George’s University of London) and Andrea Borghini (Associate Professor of Philosophy at the University of Milan).

This book explores the intersection of Food Law and Intellectual Property (IP) rights. In the authors’ words, it “responds to two objectives[:] to assemble a diverse portfolio of cases regarding food and IP rights, to take stock of how the use of these rights has evolved and ramified in legal feuds around the globe … [; and] to organize these disputes and case studies so as to create links with scholarly conversations over issues such as culinary creativity, food justice, food sovereignty, food security, and other pressing matters that pertain to ethical, political, and cultural aspects of food”.

The title comprises eight Parts. The first one, ‘Images’, encompasses diverse issues focusing on the importance of food representation in the market. Disputes with respect to shapes and packaging of products, trademarks, geographical indications, and passing off are included in this section (e.g., Ritter Sport v. Milka; Queso Manchego v. IQC; Oatly v. Glebe Farm). Part II covers six cases related to ‘Genericity and Descriptiveness’ of products, false advertising and geographical indications (e.g., Feta cheese; Champagne sorbet; Mānuka honey; Tequila and Desperados beer), whilst the following Part ‘Language Traps’, examines seven disputes concerning, inter alia, appellations of origin and trademarks (e.g., Prosecco v. Prošek; Alaska Water; Maestro Swiss; Ethiopian coffee).

Part IV ‘Procedures’ clusters certain cases under the premise that procedure changes, such as chemical aging, cooking technique, and packaging, may alter the product’s identity (e.g., chemical aging of Rum and Whiskey; packaged Parma ham; Kimchi fermentation). Then, Part V ‘Menus, Recipes, and Creativity’ touches on disputes in connection with cookbooks, copyright, trade secrets, unfair competition, copyright infringement, and discriminatory practices against same-sex couples (e.g., Kim Seng v. J & A Importers; Lambing v. Godiva Chocolatier; Magnolia Bakery v. Apple Café; Masterpiece Cakeshop v. Colorado Civil Rights Commission).

The identity of food products, geographical limits, and historical aspects are analyzed in Part VI ‘Boundaries’. Cases such as Basmati rice, Pisco, Rioja wine, and Budweiser are discussed in this section. Part VII ‘Biotechnology’ includes disputes relating to patents and essential biological processes (e.g., Monsanto v. Schmeiser; essentially biological tomatoes and broccoli). The last Part, ‘Empowerment’, comprises examples depicting IP rights as tools to empower countries' economies (e.g., Red Bush tea in South Africa; Juan Valdez coffee in Colombia; Sugarloaf Pineapple in Benin).

Food, Philosophy, and Intellectual Property is a concise book that provides an overview of fifty cases from different jurisdictions. It presents a refreshing structure while addressing diverse disputes involving, inter alia, geographical indications, trademarks, patents, and copyright. This makes the title particularly appealing for those interested in the intersection of food and IP.

Book details:

ISBN 9781032560649 (hardback).

£48.99.

Image by Verónica Rodríguez Arguijo.