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License Agreements SLOVAK UNIVERSITY OF AGRICULTURE IN NITRA Faculty of European Studies and Regional Development Department of Law EU INTELLECTUAL PROPERTY Innovations and Intellectual Property in various fields of human life Proceedings of papers from an International Scientific Conference DEPARTMENT OF LAW FACULTY OF EUROPEAN STUDIES AND REGIONAL DEVELOPMENT SLOVAK UNIVERSITY OF AGRICULTURE IN NITRA International Scientific Conference EU INTELLECTUAL PROPERTY (Innovations and Intellectual Property in various fields of human life) April 30th 2021 in Nitra Title: EU Intellectual Property (Innovations and Intellectual Property in various fields of human life) Publication type: Conference Proceedings Chairman of scientific committee: doc. JUDr. Ing. Jarmila Lazíková, PhD. Scientific Committee: Dr. habil. Ing. Ľubica Rumanovská, PhD. prof. Leonardo Pastorino prof. JUDr. Karel Marek, CSc. doc. JUDr. Martin Janků, CSc. doc. Ing. Ivan Takáč, PhD. prof. JUDr. Anna Bandlerová, PhD. doc. Ing. Oľga Roháčiková, PhD. doc. JUDr. Lucia Palšová, PhD. doc. Ing. Štefan Buday, PhD. Organizing Committee: doc. JUDr. Ing. Jarmila Lazíková, PhD. Dr. habil. Ing. Ľubica Rumanovská, PhD. Ing. Zina Machničová Book reviewers: doc. JUDr. Ing. Jarmila Lazíková, PhD.; Dr. habil. Ľubica Rumanovská, PhD.; doc. Ing. Ivan Takáč, PhD.; prof. JUDr. Anna Bandlerová, PhD. Edited by: doc. JUDr. Ing. Jarmila Lazíková, PhD.; Dr. habil. Ľubica Rumanovská, PhD. The international scientific conference is funded from the European Union Project Jean Monnet Module EU Intellectual Property no. 599683-EPP-1-2018-1-SK-EPPJMO- MODULE, and supported by World Union of Agricultural Law - Union Mondiale des Agraristes Uniersitaires (UMAU). This publication was approved by the Rector of the Slovak University of Agriculture in Nitra on 3rd June, 2021 as a proceedings of papers from a scientific conference on a CD. ISBN 978-80-552-2339-1 CONTENT FOOD AND COPYRIGHT IN THE EU AND US LAW ......................................................... 4 THE LEGAL FRAMEWORK FOR COPYRIGHT PROTECTION IN KENYA, IN DIGITAL AGE................................................................................................15 THE EUROPEAN COMMISSION EXPERT GROUP’S TAKE ON STANDARD- ESSENTIAL PATENTS: A SHORT COMMENTARY FOR A LONG REPORT ................ 32 SELECTED LEGAL AND ECONOMIC ASPECTS OF PROTECTING OF BIOTECHNOLOGICAL INVENTION FROM THE PERSPECTIVE OF POLISH LAW ... 50 PLACE BRANDING AND REPUTATION - A CASE OF THE POLONINY NATIONAL PARK ................................................................................................................. 58 DIGITAL REGENERATION OF VILLAGES AND URBAN AREAS IN EUROPE: THE ITALIAN PERSPECTIVE .............................................................................................. 67 REINFORCEMENT THE POSITION OF AN AGRICULTURAL PRODUCER IN THE FOOD SUPPLY CHAINS ON THE BASIS OF INTELLECTUAL PROPERTY LAW INSTRUMENTS ...................................................................................................................... 75 LICENSE AGREEMENTS ...................................................................................................... 86 THE TRIPS CONVENTION AND ITS CURRENT IMPORTANCE FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS ............................................... 98 DEVELOPMENT OF COWORKING CENTERS IN THE REGIONS OF SLOVAKIA .... 109 INNOVATIVE POSSIBILITIES OF USING MEDIUM AND LESS PRODUCTION SOILS IN SLOVAKIA AS SUPPORT FOR REGIONAL BIOENERGETICS ................... 121 NEGATIVE PHENOMENON OF THE LAND GRABBING? ASSUMPTIONS, CAUSES AND POSSIBLE IMPACTS OF ITS EXISTENCE, LITERATURE REVIEW .................. 129 INNOVATION ACTIVITIES OF SMALL AND MEDIUM ENTERPRISES AND ITS PROTECTION IN THE SLOVAK REPUBLIC .................................................. 141 SOME KEYS OF READING TO INTERPRET THE EU-MERCOSUR AGREEMENTS ON GEOGRAPHICAL INDICATIONS/ .................................................. 150 APPLICABLE LAW IN INFRINGEMENTS OF THE RIGHT TO A TRADE NAME ...... 155 FOOD AND COPYRIGHT IN THE EU AND US LAW JEDLO AKO PREDMET AUTORSKÉHO PRÁVA V EU A USA Jarmila LAZÍKOVÁ1 1Slovak University of Agriculture in Nitra, Faculty of European Studies and Regional Development, Department of Law Abstract Copyright protection is also important in the field of gastronomy. However, this area is not examined in detail, in particular by European legal doctrine and the case law of the European courts, including the Court of Justice of the EU. The aim of the article is to summarize the areas of gastronomy in which copyright can be applied and to point out the views of copyright protection in the case of recipes, cookbooks, serving food and finally their taste and odour. The case law of the American and European courts, as well as the legal doctrine of both continents, show that most recipes, unlike cookbooks, do not enjoy legal copyright protection, unless they are expressed as literary works in a description that meets the conditions of originality and creativity of the author. However, if the author of the recipe wants to protect its composition and production process, it is appropriate to use patent protection or protection of know-how. Food photos, in most cases, enjoy copyright protection. The food plating itself may be considered a work of applied art, provided that, in addition to its utility function, it also has an artistic expression which, in the case of European copyright protection, need not be strictly separated from the utility function of the food. On the European continent, the time has not yet come for the odour and taste of food to be considered a separate object of copyright protection. Key words copyright, patent, recipe, odour, taste, food plating Introduction The Slovak Copyright Act provides legal protection for any copyrighted work in the field of literature, art or science, which is original result of the author's creative intellectual activity perceptible to the senses, regardless of its form, content, quality, and purpose, form of expression or degree of completion. It then presents an exemplary list of the most common types of works such as a literary work, a verbal work, a theatrical work, a musical work, an audiovisual work, a work of fine art, an architectural work, a work of applied art, a cartographic work or another type of work of art or scientific work if it meets the conditions of above mentioned definition. There is a question if food works are capable to be protected as copyrighted work, mainly the food recipes, food taste and odour and food plating. There are usually refused the legal protection for such food attributes; however, there are few judgments of foreign national courts which are willing to protect the food by the Copyright Act if the legal definition of work is fulfilled, mainly the originality, creativity, perceptibility to the senses and a work belongs to the area of literature, science or art. The objective of the paper is to discuss the protection of copyright for food, mainly for food ingrediencies and food processing including in the recipes, food plating and attributes of food such as taste and odour and try to give some answers to the questions to what extent the copyright law provides food protection. The paper is organised as follows: First, the author 4 describes the copyrightability of food recipes and collections of recipes. Second, the author discusses the copyrightability of food attributes such as taste and odour. Third, the author discusses the copyrightability of food plating as the results of the process of arranging and decorating food to enhance its presentation. Finally, the author draws conclusions on the extent of food copyrightability in the Slovak national law and in the EU law. Material and methods The paper used the normative national and EU legal acts, the explanatory reports, relevant judgements of the national courts and the Courts of Justice of the EU and opinions from the scientific publications of lawyers and relevant public bodies. There are used the methods of jurisprudence such as logical methods and formal legal methods, which are necessary for the interpretation of normative legal acts of the EU and sociological methods, especially methods of examining various documents that preceded or accompanied the emergence of normative legal acts as well as documents resulting from application practice in this area. Results and discussion 1. Copyrightability or patentability of food recipes In generally, the food recipes are not protected by Copyright Act. A food recipe is usually a procedure according to which a dish can be prepared. A recipe usually consists of several components, such as the name of the food, information on the amount of ingredients, a description of the preparation from the ingredients, images of ingredients and illustrations of the prepared food. According to the Slovak Copyright Act, there is protected any copyrighted work in the field of literature, art or science, which is original result of the author's creative intellectual activity perceptible to the senses, regardless of its form, content, quality, and purpose, form of expression or degree of completion.1 However, an idea, procedure, system, method, concept, principle, discovery, or information that has been expressed, described, explained, illustrated, or incorporated into a work is not considered to be the subject of copyright.2 It is also a trend of other national legal copyright acts3 and international treaties.4 Therefore, most recipes containing a number of ingredients
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