protection is independent of the gender, the form of expression, the merits, the way of communication and the function. As an exception, the protection depends on fixation only in case of choreographies and pantomimes [Article 2, nº1, (d) CDADC]. This means that, though culinary works have a function and are ephemeral, because in their expression in a dish or cake, or other type of food tastable presentation, they have a limited period of protection, they can be protected by copyright. However, if they are to be repeated, there are many forms of expression that allow repetition, namely if they are represented in the ways seen above (III). Nevertheless, sometimes the goal is not to repeat the experience, and that doesn’t prevent protection of ephemeral immaterial works. There are many ephemeral works besides culinary creations, like oral works, musical improvisations, ephemeral art, amongst others. V. PROTECTION FOOD PRESENTATION AS DESIGN The visual presentation of food can be protected by design if it has novelty, individual character and applies to the aesthetic appearance of the product. In the EU we have two types of design protection: as registered design (the protection can go up to 25 years counting from the application for register, 5 years renewable, up to 25 years); as nonregistered design (the protection is of 3 years from the moment the design was disclosed within the EU, there are no costs, and we have “a copyright approach”, because the protection only prevents from copying). According to new Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation 6/2002 on Community designs and repealing Commission Regulation 2246/200228 (from now on mentioned as EUDR), the concept of product has been enlarged, because certain products cannot be separated from their appearance, which happens, namely with digital products. In Article 3 of the new EUDR, which includes definitions, (1) “design” means the appearance of the whole or a part of and impermanent. We may add other examples, like street art which is doomed to change and disappear. Or outside sculptures whose shape changes with the weather and the wind. 28 Access the EUDR at Regulation - EU - 2024/2822 - EN - EUR-Lex. The EU design reform also implied the adoption of new Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs, which revokes former European Community Design Directive 98/71/ CE. Access the new Directive at Directive - EU - 2024/2823 - EN - EUR-Lex. 231 HOW TO PROTECT FOOD PRESENTATION BY INTELLECTUAL PROPERTY
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