Craft food producers usually begin by focusing on the product itself: ingredients, the recipe and production methods. Product development and market entry are therefore often the priority, while producers consider intellectual property protection only later, if at all.
However, once a product gains recognition on the market, its commercial value often extends beyond the product itself. The product name, the appearance of the packaging and label, and the know-how behind the recipe may become key assets of the business. If producers do not properly secure these elements through intellectual property rights, they may find that essential aspects of the product remain legally unprotected.
Product name and trademark protection
Many craft producers use the same product name for years.
In some cases, they also register a company under that name and assume that this provides sufficient protection. However, a company name and a trademark serve different legal purposes.
Registering a company name does not grant exclusive rights to use that name as a product brand on the market.
If the producer has not registered the product name as a trademark, a third party may attempt to register the same or a confusingly similar sign. In such a situation, the producer may need to challenge that registration before the competent intellectual property office and potentially before the courts, which may involve significant legal and commercial consequences.
For that reason, trademark protection of the product name often represents one of the key legal steps in safeguarding a craft product on the market.
Label and packaging design
The visual appearance of a craft product often plays a significant role in how consumers perceive the product. Labels, packaging shapes and graphical elements contribute to the distinct presentation of the product.
In many cases, the appearance of packaging may qualify for protection as a registered design (industrial design), provided that it is new and possesses individual character. Design protection may cover the shape of the packaging, the configuration of the product or particular visual features that distinguish it from competing products.
At the same time, certain graphical elements of the label or packaging may also qualify for copyright protection where they represent original creative works.
In practice, craft producers often commission external designers to create packaging and label designs without concluding a clear agreement regulating the ownership of the relevant rights. If the parties do not address these issues contractually, the designer may retain certain rights in relation to the design.
For that reason, producers should regulate the assignment or licensing of copyright and design rights at the time they commission the design, ensuring that they can use the packaging and label without legal uncertainty.
Protection of recipes
Producers often ask whether a recipe itself can receive protection through intellectual property rights.
As a general rule, copyright does not protect recipes because copyright protects the form of expression rather than the underlying idea, method or process.
In practice, producers most often protect recipes as trade secrets. This means that they keep information relating to ingredients, proportions and production methods confidential and disclose it only to a limited number of trusted individuals.
Producers typically reinforce confidentiality through non-disclosure agreements (NDAs) with employees, partners and third parties involved in the production process.
Relations with distributors and commercial partners
As craft products expand into wider distribution channels, cooperation with distributors and commercial partners becomes increasingly common.
If the producer has not registered the product name as a trademark, a distributor or another market participant may attempt to register that sign. Although producers may sometimes address such situations through legal proceedings, doing so may require considerable time and financial resources.
From a legal and commercial perspective, it is therefore far more prudent to secure the relevant intellectual property rights before the product gains broader market recognition.
In the craft food sector, intellectual property protection typically concerns three key elements: the product name (trademark protection), the packaging and label appearance (design and copyright protection), and the recipe, which producers usually maintain as a trade secret.
If producers fail to secure these elements properly, they may ultimately retain little more than the physical product itself: the jar, the label paper and the omertà surrounding the recipe.
*Omertà: a term referring to a code of silence; in this context, it refers to keeping the recipe strictly confidential.
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
