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Trade Secrets In The Food Industry: A Critical Analysis Of Legal Challenges In India

 



Puja Banerjee, Adamas University

 

ABSTRACT


In contemporary times, food and its brands play a crucial role in shaping a business’s identity. To maintain the uniqueness of the brand and distinctiveness from others, owner of the brand protects their trade secret. We all know about KFC, the very famous Kentucky Fried Chicken which is owned by Colonel Harland David Sanders started in 1952. The 11 herbs spiced up recipe kept secret from everyone and it’s kept at KFC’S Louisville headquarter. Apart from KFC, we also have Coca-Cola that have maintained their market positions for decades, largely due to the protection of their iconic formulations as trade secrets. Firstly, the food industry thrives on innovation and differentiation. Owners constantly seek ways to make their product stand out in a crowded marketplace. Secret recipes, unique seasoning blends, cooking techniques, or supply chain strategies enable companies to offer goods that competitors cannot easily replicate. When a food company’s essential assets like its proprietary recipes or production techniques are well protected, their value can be quantified and leveraged. The journey from a concept to a market ready food product often involves extensive research, development and testing. For instance, Italian pasta recipes reflect regional grains and Mediterranean climates, while Japanese miso soup recipes illustrate the country’s focus on fermented ingredients and seasonal vegetables. These recipes tell stories about migration, innovation, resilience and adoption. Through food, people can celebrate their origins and reinforce their community bonds. The protection of traditional food recipes is vital for several reasons. UNESCO recognizes food traditions as a part of humanity’s intangible cultural heritage, highlighting the need to safeguard them.


Keywords: Trade Secrets, Food Industry, Business, Rights, Tradition



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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