Protect your pastry creations

An art worth protecting

The world of pastry is a fascinating universe, filled with creativity, passion, and dedication. It is also an economic sector where innovation is important, and talent is often expressed through unique and recognizable creations. Whether you are an independent pastry chef, a renowned franchise, or a Michelin-starred chef, your talent deserves protection against unauthorized use of your creations and your brand.

In this article, we will explore how intellectual property can help you safeguard your recipes and work, differentiate yourself from the competition, and ensure the longevity of your business. this may seem technical at first, rest assured that we will break down each aspect clearly, illustrated with concrete examples and stories from the pastry and gastronomy world.

1. What can you actually protect?

Contrary to popular belief, a recipe alone cannot be protected by copyright under French Law. The Court of Justice of the European Union (CJEU) confirmed in 2018 that even the taste of food cannot be legally protected. However, other elements can be protected effectively.

1.1 Trademark registration: lay the foundation, stake your territory

The name of your pastry shop, your own name, or the name of your culinary creations are much more than labels. They represent a promise of quality, immediate recognition by your customers, and a key part of your reputation. By registering a trademark, you obtain an exclusive right to use the sign and prevent others from using it.

Take the example of “Pâtisserie Pierre Hermé”. This trademark was registered to prevent fraudulent use. It means that no one can use it to sell similar products without permission, under penalty of being sued for trademark infringement. In the same way, your name can be protected to prevent confusion with a competitor. Pierre Hermé has developed a solid trademark strategy, allowing him to open more than 40 boutiques worldwide.

Maison Pralus also protected the name “Praluline” for its famous praline brioche, thereby ensuring strong brand recognition for its flagship product.

Another important example concerns a patronymic trademark (a trademark made up of a person’s name): a few years ago, a major conflict arose between Alain Ducasse and former associates over the use of his name. Alain Ducasse had left the company Alain Ducasse Diffusion, and had only given his consent for using his name as a commercial name. When he found out that the company Alain Ducasse Diffusion had registered two trademarks including his name, he sued them. The French Supreme Court ruled in favor of the chef against his former associates. This case highlights the importance of protecting your brand before any commercial development, to avoid losing control of it.

1.2 Visual appearance: a key protection not to be overlooked

The visual appearance of your creations can be legally protected through the registration of designs and models. Take the example of the “tarte bouquet de roses” by Alain Passard. By registering a design for his creation, characterized by its thin apple slices rolled into rose shapes, he effectively defended it against copies. The Paris High Court confirmed the validity of this protection.

Chocolate sculptures or decorative presentations of desserts can also benefit from this protection if they meet the criteria of novelty and individual character.

1.3 Trade secret: the weapon of great chefs

For flagship recipes and specific manufacturing processes, trade secrets are often the best protection available. Pierre Hermé, for instance, protects his iconic creations like the “Ispahan” through a combination of confidentiality strategies and compartmentalization of information.

To protect your recipes, you can implement the following procedures:

Compartmentalize sensitive information.
Form small teams dedicated to flagship recipes.
Have strict non-disclosure agreements (NDA) and non-compete clauses signed by your employees, shareholders, and subcontractors.

The implementation of confidentiality agreements with employees and subcontractors is essential to secure your manufacturing secrets.

1.4 Patent protection: rare but possible

To be patentable, an invention must solve a technical problem with a technical solution. A recipe may be patentable if it addresses a technical problem that it successfully resolves. Not all culinary creations will qualify for patent registration.

This type of protection is rare but not impossible: Joël Robuchon patented his “hot foie gras soup with poultry jelly” by arguing that his recipe avoided mixing the foie gras with the poultry jelly when heating a soup containing both ingredients.

2. Critical moments you must monitor

2.1 Departure of a chef or other critical employee

The departure of a pastry chef or employee is a critical moment for protecting your know-how. The Ladurée case perfectly illustrates this risk: when certain chefs left the company to open their own establishments, similar products appeared on the market.

To prevent this, it is essential to:

Have non-disclosure agreements signed upon hiring
Include well-crafted non-compete clauses
Systematically document your original creations

2.2 Sale of your pastry business

Intellectual property assets are a central element of negotiation during the sale of a pastry business. Your trademark, recipes, and even the distinctive appearance of your products are part of the value you convey to the buyer. It is crucial to:

Inventory all your protected creations
Value your secret recipes
Properly transfer all rights

At SLASH AVOCATS, we have advised on several pastry business transactions, representing both sellers and buyers. We assist in valuing these elements and securing their transfer to maximize the value of your business during the sale or acquisition.

3. International expansion, licensing, or franchising

Christophe Michalak protected his creations, such as the “Kosmik” and “Fantastik,” internationally before their commercialization. This strategy allows him to expand his brand confidently abroad. If you are considering international expansion, it is essential to:

Register your trademark in every targeted country
Protect your manufacturing processes
Establish solid franchise or licensing agreements where necessary

4. Protection on social media and online sales

4.1 Social media

Social media can be a threat to your creations if images or videos of your works are copied or misappropriated. To protect yourself:

Consider using specific protections (e.g., watermark) for your photos
Monitor online copies
React quickly in case of unauthorized use

4.2 E-commerce and online sales

Online sales require additional protection, especially regarding product presentation and manufacturing process security. To protect your online activities:

Protect the visual elements of your products
Secure manufacturing processes
Adapt your terms and conditions to better protect yourself against counterfeiting

5. Practical advice for effective protection

5.1 Document everything

Documentation is a powerful tool for proving ownership of your creations. Consider:

Photographing your creations systematically
Dating and signing your sketches and recipes
Keeping proof of creation

5.2 Register your trademarks

Trademark registration is an essential step. This allows you to:

Prevent third parties from using your name
Protect the names of your flagship creations
Monitor unauthorized use

5.3 Manage your teams and contracts

Training and managing your teams, as well as signing confidentiality clauses, are key to ensuring the secrecy of your creations. To do so:

Form a restricted circle for important recipes.
Establish clear confidentiality procedures.
Educate your employees on the importance of secrecy.
Have them sign confidentiality agreements.

Preserve the essence of your creativity

Your intellectual property is a valuable asset that must be leveraged to grow your business. Whether you are a renowned pastry chef, a small family business, or a rapidly expanding brand, your creativity sets you apart and attracts your clients. Intellectual property is your ally in protecting this creativity, preventing abuse, and ensuring that what you create remains uniquely yours.

At SLASH AVOCATS, we assist you every step of the way, whether to register your trademark, set up confidentiality clauses, or manage disputes. Don’t leave your talent unprotected—protect it, value it, and keep delighting your clients’ taste buds and eyes with your creations.

Don’t wait until issues arise to protect your creations. Contact us today to implement tailor-made protection for your intangible assets.