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Creativity without LawChallenging the Assumptions of Intellectual Property$
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Kate Darling and Aaron Perzanowski

Print publication date: 2017

Print ISBN-13: 9781479841936

Published to NYU Press Scholarship Online: September 2017

DOI: 10.18574/nyu/9781479841936.001.0001

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Norms-Based Intellectual Property Systems

Norms-Based Intellectual Property Systems

The Case of French Chefs

(p.17) 1 Norms-Based Intellectual Property Systems
Creativity without Law

Emmanuelle Fauchart

Eric Von Hippel

NYU Press

The creations of many chefs are undoubtedly innovative. But not all valuable creativity finds a home in the IP system. Copyright law has been reluctant to embrace culinary creations, considering them unprotectable methods or processes, or perhaps useful articles—items with intrinsic utilitarian functions. Emmanuelle Fauchart and Eric von Hippel’s research documents the system of social norms among a sample of accomplished French chefs. Recognizing the value of the recipes they develop and their limited legal recourse against copying, these chefs have developed and enforced a set of strong implicit social norms that enhance their private economic returns from their recipe-related creations and maintain strong incentives for innovation in the kitchen despite the unavailability of legal exclusivity.

Keywords:   intellectual property, law, norms, economics, creativity, recipes, chefs, cuisine, community, incentives

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