From coastal seafood to artisan produce, Northland is bursting with food and drink that showcase the creativity and passion of our local makers. Across the region, you’ll find cafés with loyal followings for their signature dishes, gelato and real fruit ice cream shops with queues out the door on summer days, and local brewers experimenting with small-batch craft beers.
If you’ve poured your heart into developing a menu item that keeps customers coming back, you might be wondering: can you protect it from copycats?
The short answer is: not directly. In New Zealand, recipes themselves aren’t protected by copyright. Copyright law protects the written expression of a recipe – such as the text in a cookbook – but not the actual list of ingredients or the method. So, if you create a new flavour of gelato or a legendary burger sauce, you can’t stop another business from working out what’s in it and putting it on their menu.
That said, you’re not powerless. Intellectual property law offers some ways to protect the value of your food or drink creation:
- Trademarks: You can trademark a name, logo, or slogan that sets your dish apart. For example, you couldn’t trademark a generic term like “flat white”, but you might protect a distinctive brand like “Mangawhai Mocha®” or “Town Basin Brew®” for your café’s special blend. Once registered, a trademark gives you exclusive rights to use that name in connection with your goods or services.
- Trade secrets: Some recipes are kept under wraps through strict confidentiality requirements (for example, through employment contracts or confidentiality agreements). Think of the “11 secret herbs and spices” or sauces that never leave the kitchen. This works well for things like marinades or beverages, but less so for a plated meal that can be reverse-engineered.
- Branding and presentation: Even if the recipe itself isn’t protectable, the way you brand and market it can be. Distinctive plating, unique product names, and consistent visual presentation can all contribute to making your dish “yours” in the minds of customers.
- Consumer law: If another business markets their dish in a way that misleads customers into thinking it’s yours, you may have grounds under the Fair Trading Act to challenge them.
For most café and restaurant owners, the best protection is to build a strong brand around the food or drink creation rather than trying to lock down the recipe itself. Protect the name, logo, and marketing collateral – the things you can legally control – and make sure your staff understand the importance of confidentiality if you’re holding onto a trade secret.
In the end, while you can’t stop someone from making a similar pie or cocktail, you can ensure customers know where the original came from. And in a region like Northland, where word-of-mouth and community reputation are everything, that brand loyalty is often more valuable than the recipe itself.
How can we help?
WRMK Lawyers experienced team of business lawyers will be happy to discuss your business with you. Get in touch today to discuss how we can help.
Our thanks to Keegan Jones for writing this article.
RELATED SERVICES
Business
From start-up to selling, choose a strategic partner in business. More Info
RELATED PEOPLE
