Non-disclosure agreements seem to be widely used for culinary creations. These are contractual tools which ensure confidentiality of information between two or more parties. Together with fiduciary duties, they add one layer of protection of trade secrets. Many chefs mandate that employees sign nondisclosure agreements. Molecular gastronomist deceased chef Homaru Cantu, besides relying on strong intellectual property rights protection, required all employees and visitors to his kitchen to sign non-disclosure agreements before entering. Non-disclosure agreements are also supported by the International Association of Culinary Professionals ethical code which states that restaurants and their chefs should provide a written contract stipulating the responsibilities of the employees upon their departure, especially regarding their use of proprietary information. Civil law considers contract infringement the breach of the duty of confidentiality and the use of secrets of the company by the former employees and collaborators in the post-contract phase. The high turnover rate and the practice of partaking in frequent internships and traineeships, however, can make enforcement of non-disclosure agreements (or fiduciary duties) more difficult in practice. Requiring all kitchen guests, whether they are visiting chefs, members of the media, or even clients, to sign non-disclosure agreements, though possible, may be too much, creating a secrecy that goes against the “hospitality gene” that is part of the culinary culture.107 IX. CONCLUSION It is a fact that our society is obsessed with glamorous presentation of food, which led to coin the expression “food porn”, due to the millions of photos and videos of food in social media (foodie social media culture). We take a photo or make a video (namely reels) before we eat. This became a professional way of doing business by chefs, cooks, and other players in the market (see, as a simple example, www.casapappagalo.it ). Although cuisine and food presentation are frequently copied and imitated, intellectual property rights may give broad protection to chefs, restaurant owners 107 With more detail, BONADIO, WEISSENBERGER, “Food Presentation…”, cit., p.17; ROCHA, “The Mondrian Cake…”, pp. 177-178. 259 HOW TO PROTECT FOOD PRESENTATION BY INTELLECTUAL PROPERTY
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