PELINDUNGAN HUKUM TERHADAP RESEP MAKANAN (STUDI KASUS MIE AYAM PALEMBANG AFUI)

Sulistyaputri, Sekararum (2018) PELINDUNGAN HUKUM TERHADAP RESEP MAKANAN (STUDI KASUS MIE AYAM PALEMBANG AFUI). S1 thesis, UAJY.

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Abstract

Food industry is one of the key business sectors in Yogyakarta. There are so many food restaurants, and outlets in Sleman District that shows the importance of food industry in Yogyakarta. One of the key aspects of any food industry, regardless of size, economic of scale, type of food or beverage, is the recipe. It has been a long standing legal issue what is the proper mechanism to (a) consider recipe as an intellectual property, and (b) give exclusive rights to the creators or the owners of the recipe. The proper mechanism could either provide the good-faith creators and owners to the rights to continue using their recipes in their business processes, provide the good-faith creators and owners an appropriate and legal mechanism to protect their recipe being copied, used, monetized, inappropriately (without consent) by any unconsented third parties, and when the structure is done appropriately it coud provide the creators and owners the ability to monetize their recipe. This paper discusses the proper mechanism to consider recipe as an intellectual property and to give exclusive rights to the creators and the owners of the recipe according to Indonesian law. Based on regulations and an interview with a source, this paper concludes that (a) a food recipe can be protected as an intellectual property rights, either under patent regulations or trade secrets regulations.

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