dish may be a complex work, resulting from assembling all these parts, which can also be considered works. Because of 3-D printing evolution, that now allows also to print 3D food, it is also important to protect the contents of the 3D file, if it contains an original culinary work, even if the tridimensional shape is not yet printed. IV. COPYRIGHT PROTECTION OF THE TRIDIMENSIONAL PRESENTATION OF THE DISH 4.1. Subject matter The sensible shape of the culinary work has been described by philosopher Jean-Paul Jouary as a “melody of flavours on a plastic art background”.22 The culinary work, as immaterial good protected by copyright, can be represented in various ways, can be expressed in several sensible shapes. What we want to protect is not the physical shape, but the immaterial good. One of the sensible shapes of the culinary creation is the result of the creative process, that is the dish that we are going to see and taste, which is presented in three dimensions. While it has long been common to draw inspiration from, or even copy, culinary creations of highly qualified chefs or cooks with little interest in legal suits, several cases and disputes gave rise to the question of whether the “plating” of the dishes could be protected by copyright, thereby granting chefs and cooks protection over their food presentation. In the Information Society, where information (and misinformation) is more accessible than ever, and now with the problems raised by Generative Artificial Intelligence, the phenomenon of food plagiarism, or food copying, became a hot trend. Food presentation, or food “plating” is not mentioned in the copyright laws as protectable subject matter. This also has to do with the fact that the creativity that exists in the culinary world today was not foreseen a few decades ago when copyright laws in several countries in the world were introduced. That is no problem because copyright laws only give examples of protected works (see, in Portugal, Article 2 of CDADC). Portuguese law is in line with the Bern Convention for the Protection of Literary and Artistic Works of 1886 which provides a non-exhaustive list of works subject to protection. Also, copyright was 22 The translation is ours. JOUARY, Jean-Paul, FERRAN ADRIÀ, COCINERO O ARTISTA? Un filósofo en El Bulli, Alianza Editorial, Madrid, 2012, p.21. 227 HOW TO PROTECT FOOD PRESENTATION BY INTELLECTUAL PROPERTY
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