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Thursday, March 22, 2007

Recipes are copyrightable in India

Mrinalini Kochupillai with SPICY IP says "In India [...] there is no law [...] that prohibits copyright protection from being granted to recipes."

In Govindan v Gopalakrishna (1955 – case relating to compilation) (quoted in Burlington – discussed below), it was held that even if the amount of originality in a compilation is very small, the same is protected by law and no one can appropriate the result of another's brain, skill or labour even in such works. Arguably, if a small creative input in a compilation is copyrightable, a recipe, particularly original instructions in a recipe will certainly be copyrightable in India.
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