shortcomings complained of. Critical remarks on this proposal have already emerged in the press, both because of the difficulty of ascertaining that the author of the malicious statement was in the restaurant on that very day and because the text only considers negative biased assessments and not also positive ones, and underestimates the fact that the two aspects would balance each other. V. COPYRIGHT AND GASTRONOMY In the Italian legal system, the creative inventor can protect the fruit of his genius with recourse to a patent. In general, this allows exclusive and temporary economic exploitation of the invention; in fact, under Article 45 of the Italian industrial property Code27, inventions in any field of technology are the expression of a creative activity and have an industrial application can be patented. An invention is an innovative solution to a technical problem; therefore, new ideas that are not obvious to the average professional in the field, lawful and susceptible of industrial application may be patented. They may relate to the realisation of a product or process. In addition to having limited effectiveness over time, a patent has a high cost due to the particular complexity of the granting procedure. In the gastronomic world, the creative idea can be a dish achieved by the innovative combination of ingredients or by the use of elaborate presentation techniques. Originality can consist in the way one presents it. This is the case with the so - called “Cracco egg”, a chef of recognised fame, who has come up with an original way of presenting such a dish; think also of the “cuttlefish cappuccino”, prepared by another well - known Italian chef, Mr. Alajmo, who uses ingredients that are easy to identify, so that the creative effort stems from their unusual combination, designed to give the creation the appearance of a cappuccino. In Italian gastronomy, the gastronomic idea cannot be patented; in fact, it has no industrial application and does not offer an innovative solution to a technical problem. Rather, copyright can protect the activity of a cook and is regulated by Law No. 633 of 1941. With regard to the gastronomic world, the cases are about the publication of recipe books; for these decisions, not the content pertaining to the execution and preparation of the dish or product is protected, but rather the 27 See Legislative Decree 10 February 2005, no. 30. 29 RESTAURANT CONTRACTS AND GASTRONOMY
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