Intellectual Property Rights in Food Innovations: Patents, Trade Secrets and Beyond

A]Abstract

In the rapidly evolving landscape of food innovation globally  and economically  intellectual property rights (IPR) play a pivotal role in protecting emerging food  technologies, proprietary processes, and novel ingredients. Food innovations—from plant-based meat to biofortified grains—are at the intersection of science, sustainability, and intellectual property (IP). The protection of these innovations is critical to encourage investment and R&D, while also maintaining public access and fair competition. Understanding how IPRs function in the food industry is not only essential for protecting business interests but also for balancing innovation with public access and fair use. This paper explores the foundations of IPRs and their practical application through landmark legal cases that have shaped the way food innovation is protected around the world.

 This project explores the strategic interplay between patents and trade secrets, and further examines broader IP tools—such as trademarks, design rights, geographical indications, and utility models—that influence competitive positioning in the food sector. This article explores how patents, trade secrets, and other forms of IPR apply in the food industry.

B]Introduction

The food industry is no longer limited to agriculture and processing but  is now a field rich in scientific research and commercial innovation. New functional foods, lab-grown meat, flavour enhancers, nutraceuticals, and sustainable packaging are examples of this progress. As innovation expands, so does the need for robust protection mechanisms to safeguard intellectual contributions while allowing ethical access and use. Intellectual property rights (IPRs) play a crucial role in incentivising innovation while balancing societal needs.

Patents offer exclusive rights for  20 years in consideration for detailed public disclosures. They are crucial for safeguarding inventive food-processing technologies functional ingredients, and preservation techniques. However, food-related patents face heightened eligibility challenges due to stringent novelty and non-obviousness criteria, and the difficulty of patenting naturally derived or commonly used elements. 

Trade secrets,  protect confidential formulations, manufacturing protocols, and supply chain processes without statutory disclosure and can remain indefinitely enforceable—if maintained properly. Formulas like Coca-Cola and KFC’s spice mix.

The project includes a comprehensive framework for deciding between patenting and secrecy, considering reverse engineering risks, detection feasibility, and enforcement remediations—such as how trade secrets may yield unjust enrichment damages and permanent relief compared to patent-specific limitations. 

Beyond patents and secrets, trademarks and industrial designs help build and protect brand identity—essential for ingredient or food product differentiation in consumer markets (e.g. packaging, logos, distinct shapes). Meanwhile, geographical indications preserve the authenticity of region-specific foods (e.g. Darjeeling tea, Alphonso mango). Utility models, where available, offer shorter-term, lower-threshold protection for technical improvements in food equipment or packaging. 

Finally, the broader socio-economic implications are considered particularly how IP regimes under TRIPS and national laws influence access to critical innovations like cellular agriculture.

 C] Understanding Intellectual Property in Food Sector

In today’s highly competitive food industry, intellectual property (IP) plays a vital role in protecting innovation, ensuring brand identity, and maintaining market advantage. While traditional legal protections like copyright do not extend to recipes in their basic form, the food sector leverages various forms of IP to secure unique creations and business strategies. For instance, world-famous products such as Coca-Cola and KFC chicken rely on trade secrets to guard their formulas, while global brands like McDonald’s and Nestlé use trademarks to protect their logos and packaging designs.

Moreover, patents are increasingly being used to safeguard novel food technologies and formulations, including developments in plant-based proteins and food processing techniques. Geographical Indications (GIs) also play a crucial role, especially for products tied to specific regions—such as Champagne from France or Darjeeling tea from India—by preserving authenticity and supporting local economies.

As innovation in food science and branding continues to grow, a clear understanding of intellectual property rights has become essential not only for large corporations but also for startups and small-scale producers.

Protectection of  Food Innovations

Food IPRs must balance protection with concerns such as access to nutrition, food security, and public health alongside to protect novel formulations, methods of processing, or unique packaging to  prevent unfair copying and unauthorised commercialisation , attract investments and maintain a competitive edge which are basic characteristic features of IPRs.

D] Types of IP Common in Food Industry

IPR Type                                                   Application in Food Innovation

Patents                                                      New ingredients, processes, lab-grown foods

Trade Secrets                                            Recipes, formulations, methods

Trademarks                                               Brand names, logos, slogans

Copyright                                                  Packaging design, menus, advertisements

Geographical Indications (GIs)                Region-specific foods (e.g., Roquefort cheese)

1] Patents in Food Innovations

What Can Be Patented? :According to Section 2(1)(j) of the Indian Patents Act, 1970, a patentable invention must be:

1. New
2. Involving an inventive step
3. Capable of industrial application

In food industry  patent can be on :

1. Novel processing techniques (e.g., cold pasteurisation)
2. New formulations (e.g., gluten-free blends)
3. Engineered microbes or enzymes
4. Lab-grown meat production techniques

Jurisdictional Variations

India: Does not allow patents on mere discoveries of new forms of known substances or on traditional knowledge (Section 3(d), Patents Act). For example turmeric

USA: Broad patentability; famous for strong biotech protection under the USPTO.

EU: Requires technical contribution beyond a discovery; restricts patents on methods deemed purely culinary.

Case Example: Impossible Foods

Impossible Foods patented its key ingredient—soy leghemoglobin—to give its plant-based burger a meat-like appearance and taste. The patent covered not only the molecule but also the process of producing it using genetically modified yeast.

2]Trade Secrets: The Hidden Ingredient

1. A trade secret refers to information that is:
2. Not publicly known,
3. Provides economic value due to its secrecy,
4. Subject to reasonable efforts to maintain secrecy.

Examples include:

Coca-Cola’s secret formula ,KFC’s spice blend ,Nestlé’s formulation algorithms

Legal Framework

India: No specific legislation; governed through contract law and common law principles.

USA: Defend Trade Secrets Act 2016 provides federal protection.

EU: Trade Secrets Directive 2016/943 harmonises laws across member states.

Challenges

Once disclosed, trade secrets lose protection.

Cannot prevent reverse engineering.

Enforcement depends heavily on internal secrecy protocols and NDAs.

Example: Coca-Cola’s Formula

Despite being over a century old, Coca-Cola’s original formula remains a trade secret. The brand has never attempted to patent the formula because patenting would require disclosure, after which the protection lasts only 20 years.

3]Trademarks and GIs: Protecting Brand Identity

a) Trademarks : Trademarks play a vital role in the food industry by helping businesses establish a unique identity and ensuring consumer trust in the quality and origin of products. A trademark can include names, logos, symbols, colors, packaging shapes, slogans, and even distinctive sounds or smells associated with a food product. These marks act as a badge of origin, allowing consumers to distinguish between competing products and make informed purchasing decisions.

In a market flooded with similar goods, especially processed and packaged foods, a strong trademark can be a company’s most valuable asset. For instance, brands like Coca-Cola, McDonald’s, Heinz, and Kellogg’s are globally recognized not just for their products, but also for the visual and verbal elements that define their branding. These trademarks are registered and legally protected, preventing competitors from using similar marks that could cause confusion and making ease to consumer as well as the brand .

From a legal point, trademarks in the food sector are protected under both national trademark laws and international treaties such as the Madrid Agreement and the TRIPS Agreement (WTO). Once registered, a trademark grants the owner exclusive rights to use the mark for specific goods and services and enables legal action against any unauthorized use or infringement. In India, trademarks are governed by the Trade Marks Act, 1999

b)Geographical Indications : Are applicable where the location contributes to the quality of the food product: Darjeeling Tea (India), Parma Ham (Italy) ,Roquefort Cheese (France)

India has specific GI protection under the Geographical Indications of Goods (Registration and Protection) Act, 1999.

4]Copyrights in Food Industry

Copyright is a form of intellectual property that protects original literary, artistic, musical, and dramatic works. In the food industry, while the core recipes or food products themselves are generally not protected by copyright, several creative elements associated with food production and marketing can be.

Illustrated cookbooks,Artistic menu designs, Packaging and Label Design, Food photography is protected under copyright law in food industry .

In India, governed by the Copyright Act, 1957.

5]. Other Emerging Areas of IPR in Food

 Plant Variety Protection :In India, the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001 recognises both breeders and farmers.

 Database and Algorithm Protection :Food recommendation engines (e.g., nutrition-based apps) may rely on protected algorithms or curated datasets.

 Sustainable Packaging :Eco-friendly packaging innovations may be protected via patents or design registrations.

E] Case laws

Kellogg Co v National Biscuit Co 305 US 111 (1938)
— The US Supreme Court held that once a patent expires, its subject matter enters the public domain. Kellogg was entitled to produce Shredded Wheat cereal as the term had become generic, and no trademark infringement was found.

Del Monte Fresh Produce Co v Dole Food Co No 00-742-CIV-MOORE (SD Fla 2001)
— The US District Court for Florida found that Del Monte’s pineapple variety (MD-2) and its associated cultivation methods could constitute trade secrets. Dole was held liable for misappropriating these through unauthorized access.

Cadbury Schweppes Inc v FBI Foods Ltd [1999] 1 SCR 142 (SCC)
— The Supreme Court of Canada ruled that Cadbury’s Clamato juice recipe was confidential under a licensing agreement. The misuse of this recipe amounted to breach of confidence and justified compensation for commercial losses.

KFC Corp v Marion-Kay Co 620 F Supp 1160 (SD Ind 1985)
— The US District Court upheld KFC’s claim that its seasoning formula and preparation process were protectable trade secrets, enforceable within the scope of franchise and distribution agreements.

Impossible Foods Inc v Motif FoodWorks Inc (Ongoing, US District Court, 2022–)
— In ongoing litigation, Impossible Foods alleges patent infringement by Motif for using a similar heme protein in plant-based meat. The case raises questions about the scope and enforceability of patents in novel food-tech innovations.

F] Real-World Insights

“In 2006, a Coca-Cola employee offered to sell Coca-Cola secrets to Pepsi… Pepsi responded by notifying Coca-Cola, leading to an arrest.” — highlighting the lengths companies go to protect food-industry trade secrets making it an example of decency in business sector to be maintained .

“Typically recipes cannot be protected via copyright, but can be a trade secret… they would have to show that you had somehow stolen the secret information.” — illustrating the legal challenge of proving trade secret misappropriation

From both legal and scientific perspectives, Intellectual Property Rights (IPRs) play a pivotal role in shaping innovation and trust within the food industry. According to  law, IPRs such as patents and trademarks not only protect businesses from unfair competition but also ensure consumers receive authentic and safe food products by maintaining brand integrity. Meanwhile, food technologists believe  that strong IP protection encourages the development of healthier, more sustainable food alternativeslike plant-based proteins, allergen-free foods, and fortified products that may not have been possible without legal safeguards. Together, these perspectives show that IPRs do more than secure profits they foster a culture of innovation, preserve traditional knowledge, support small producers through tools like Geographical Indications, and ultimately empower both businesses and consumers in an increasingly competitive and health-conscious market.

G] Conclusion

Intellectual Property Rights (IPRs) are a set of legal protections granted to creators and inventors to safeguard their innovations, creative expressions, and proprietary knowledge. In a knowledge-driven economy, IPRs serve as crucial tools for encouraging innovation, rewarding creativity, and fostering fair competition. These rights encompass various forms—such as patents, trademarks, copyrights, trade secrets, and geographical indications—each designed to protect a specific type of intellectual effort.

In the food sector, IPRs play an increasingly significant role, especially as the industry shifts from traditional practices to highly technical, innovation-led processes. From patented food processing methods and genetically modified crops to trade secrets surrounding iconic recipes and brand identities, the strategic use of IPR has become vital for companies to maintain competitive advantage and consumer trust.

India, as both an agricultural and technological power, must evolve its IP ecosystem to better balance innovation and access. While patents and trade secrets remain central, collaborative models, open-source food tech, and public-private partnerships could define the next chapter in food innovation governance.

Bibliography

1. United States Patent No. 9,700,067 B2, ‘Use of Heme-containing Protein in Ground Beef Replicas’ (Impossible Foods, 2017).
2. The Patents Act 1970 (India).
3. Trade Marks Act 1999 (India).
4. Geographical Indications of Goods (Registration and Protection) Act 1999 (India).
5. Copyright Act 1957 (India).
6. Protection of Plant Varieties and Farmers’ Rights Act 2001 (India).
7. Defend Trade Secrets Act 2016 (US).
8. Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (EU Trade Secrets Directive).
9. WIPO, ‘Protecting Trade Secrets in the Food Industry’ (WIPO Magazine, 2020).
10. FAO, ‘Intellectual Property Rights: Implications for the Food and Agriculture Sector’ (FAO Legal Papers, 2001).