You might have seen it doing the rounds this week – RecipeTin Eats, a well-known food blogger [and my go-to for weeknight dinners], has publicly accused fellow cookbook author Brooki [of cookie fame] of plagiarising her and other authors’ recipes. It’s made headlines and stirred up a fair bit of drama on social media.

But if we push past the icing sugar and Instagram comments, this story highlights something far more useful for business owners – you don’t need to be writing recipes to care about protecting your intellectual property.

Whether you’re in professional services, creative industries, manufacturing or tech, your business likely relies on intellectual property, which is often the secret ingredient to your competitive edge.

 

let’s not sugar coat it – what’s the actual issue?

Here’s the short version:

  • You can’t copyright an idea [e.g. you can’t copyright the idea of making a caramel slice].
  • You can copyright your original expression of it – the written instructions, the photos, the layout, the personal story behind it.

‘Original’ doesn’t mean it has to be completely new. It just has to show your effort, creativity or expertise.

The same goes for most intellectual property in business – you can’t protect a method or a concept, but you can protect how you communicate, brand or present it.

 

5 practical lessons every business owner needs for reducing risk and protecting value

You might not be publishing a cookbook, but you probably are creating materials, publishing content, processes or providing insights to your clients. If you’re putting original work into the world, here’s how to reduce risk and protect value.

 

1. own your expression

Whether it’s a recipe or a methodology, make sure you’re using your own words, structure, and visuals. If it’s distinctive and yours, it’s protectable.

Originality doesn’t mean you invented the idea, rather it just means you put in the effort to make it your own.

 

2. get clear on what you can protect

Copyright automatically applies to original written or visual work, while trademarks protect names, logos and brands. Processes and know-how can be kept confidential or protected by contract. Understanding these boundaries is the icing on the cake.

What’s not protected? The raw idea, or in this case, the list of ingredients and the end product. What is? Your unique expression, format or storytelling. For RecipeTin Eats and Brooki, the concern is about the way the directions in the recipe are written.

 

3. keep track of your IP

Save drafts, emails, working notes and creation dates. If anyone ever challenges your originality [or copies you], any documentation you can produce will be your best defence.

 

4. don’t be afraid to call out infringement

Plenty of intellectual property issues may be able to be resolved quickly with a quiet email or phone call, but only if you know your rights. Often it’s not about stirring the pot, but it’s about knowing when to have a conversation to protect your rights.

 

5. respect others’ IP

If you’re borrowing inspiration, you should always give credit. It’s good business, builds trust, and avoids headaches.

 

the bigger picture

This latest cookbook clash is a good reminder that intellectual property is everywhere in business, and it’s worth protecting. It’s in your tools, templates, documents and logos – all the things you’ve worked hard to develop that set you and your business apart.

It’s easy to assume this stuff ‘just exists’ in the business, but if it drives revenue or builds your reputation, it’s worth protecting.

 

we’re here to help

Not sure where to start? It’s a piece of cake! Reach out to the team at businessDEPOT Legal – We’re always happy to help your business identify, protect and manage your intellectual property.

Whether it’s a trademark application or you’re just looking at options to protect your intellectual property, our legal experts are here to help.

 

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