Gastronomy Law

This inextricable connection between the evolution of cooking and humankind led to the need to regulate certain aspects of gastronomy from a very early age. Thus, the first mechanisms for protecting the copyright of successful recipes appeared in Ancient Greece 8. Although I will not address the copyright of culinary recipes in this work, it is interesting to note how this legal necessity arose very early on. 2.2. Brief reference to the evolution of cooking to the present day Nor do I intend to undertake an exhaustive historical analysis of the evolution of gastronomy and its relationship with the law over time. However, it’s worth mentioning, in my opinion, that this is a necessary connection; that is, gastronomy has needed the legal world to the extent that it is a strategic sector for the population. Obviously, the needs today are different, and the legal and administrative instruments have advanced to the same extent. In this line of historical evolution, we can also point out the granting by Queen Isabella of Castile of a privilege to Don Pedro Azlor in relation to certain mills for making bread, with the intention, above all, of protecting certain recipes and the quality of this essential food: “ He being the first in these mys Reynos has it bringing and showing and having put in industry to invent and spent many times trusting to take advantage of his knowledge and that if another person were to take his invention he would lose all his work (…)” 9. One of the first books dedicated to gastronomy dates from this same period: “Libre del Coch”, by Ruperto de Nola, dated approximately 1490, cook to Alfonso V known as the Magnanimous. This work, originally written in Catalan, 8 PINA, C. y LÓPEZ ALZAGA, R., (2018), “Protección legal de las recetas: ¡No copies mi receta! ¿La patentamos?”, Diario La Ley, núm. 9175, [PINA, C. and LÓPEZ ALZAGA, R., (2018), “Legal protection of recipes: Don’t copy my recipe! Should we patent it?”, Diario La Ley , No. 9175], “Ancient Greek texts report that in the city of Sybaris, known for its hedonistic lifestyle, exclusive rights were already granted to cooks for one year over their culinary creations”, where The Banquet of the Scholars, Athenaeus of Naucratis is cited. Book XII, Chapter 20: “Phylarchus states that “the Sybarites, with a great inclination to luxury, enacted a law according to which (…) if any cook invented a peculiar and excellent dish, no other cook could execute it for a year, and only the inventor would be entitled to receive all the profit derived from the preparation of his recipe during that time. All this with the aim of inducing other people to work and achieve excellence in these tasks.” Along the same lines, ROBERT GUILLÉN, S., (2017), op. cit., p. 31, who places this. 9 BALAÑA VICENTE, S., (2016) “Propiedad industrial en los siglos XV y XVI». La patente concedida en 1478 al Doctor Pedro Azlor”, Revista Común. Prop. Ind. derecho competencia, n. 77, [BALAÑA VICENTE, S., (2016) “Industrial property in the 15th and 16th centuries”. The patent granted in 1478 to Doctor Pedro Azlor”, Revista Común. Prop. Ind. competition law , n. 77.]. 5 ADMINISTRATIVE CONTROL IN THE “HIGH QUALITY” GASTRONOMIC OFFER

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