Trademark or image rights may also apply if there are elements associated with a chef’s commercial identity, such as logos, TV show titles, or signature phrases. The Cases of Petrona C. de Gandulfo and Dolly Irigoyen Petrona is one of the foundational icons of Argentine cuisine. Although the traditional recipes she shared are not protected per se, her books, writing style, layout, and name are protected under copyright and trademark law. Sharing her recipes does not constitute infringement if done without directly copying the original text or format. For Dolly Irigoyen, the analysis is similar but more aligned with contemporary branding logic. Her books, shows, section names, or courses—and possibly her signature dishes if associated with a unique and registered presentation—may be protected. However, a standard list of ingredients or a general procedure for a classic recipe (e.g., Mendoza-style empanadas) is not protected. In exceptional cases, a recipe can be protected if: • It is registered as a trade secret (e.g., the Coca-Cola formula) • It is protected as a trademark (e.g., “Big Mac”) • It is argued that the presentation of the dish, its aesthetic arrangement, or the gastronomic concept constitutes an ephemeral artistic work (an ongoing debate in molecular gastronomy) Transfers and Goodwill The transfer of ownership of a gastronomic business is governed by Law 11.867, which regulates the sale of commercial establishments and business goodwill. This law sets out the formal requirements for a valid transaction, such as the publication of legal notices, the execution of a deed or transfer contract, and the buyer’s joint liability for certain obligations of the previous owner unless the legal procedure is properly followed. The following elements are considered part of business goodwill: • Fixtures and fittings • Merchandise inventory • Trade name and signage • Client base • Right to the premises 695 LEGAL FRAMEWORK OF GASTRONOMY IN ARGENTINA
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