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Protección Jurídica de la Creación Culinaria Mediante la Patente y el Modelo de Utilidad

Year: 2020
Type: dissertation
Abstract: There is a high degree of confusion concerning the patentability of culinary creations. \nNevertheless, food technology has a significant impact on the society and the economy in \nSpain. Therefore, the purpose of this paper is determining whether patents and utility models \ncan provide solutions in the food technology field to the needs of a society in constant \nevolution. Accordingly, we will analyze the patentability requirements set forth by Spanish \nlegislation and clarified by our case law, as well as their application to culinary creations. In \nthis sense, we will highlight the differences between patents and utility models. Furthermore, \nwe will study patents and utility models granted for culinary creations by the OEPM. \nTherefore, we will clarify if patents and utility models can offer legal protection to the \ninnovation included in culinary creations.
Language: Spanish
Subfield: Law
Open Access status: green
OpenAlex ID: W3031963192
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