Becoming a restaurant owner is a poor way of getting rich. Despite the long arduous hours, many restaurants barely turn a profit. Luckily, restaurateurs see it as a labor of love. It’s not a method to getting rich; it is a muse and a median for their creations. Unfortunately, if not carefully protected, those same creations can become their downfall through failure to abide by intellectual property law. The purpose of this paper is to understand intellectual property and how it relates to the restaurant industry.
Intellectual property is the product of creative thought. Intellectual property law establishes rules for the registration, administration, sale, licensing, and dispute resolution of intellectual property (Stim, 2017). By taking the necessary steps to claim
Many restaurant’s may have signature dishes, but the neither the recipes nor the names of the dishes may be directly protected. For a restauranteur to protect a signature dish, they must: (a) require employees to sign non-disclosure agreements to uphold the trade secret; (b) give the dish a unique name that can be allowed a trademark; (c) copyright any pictures or merchandise related to the signature dish; and (d) file a trade dress claim for the overall feel of the establishment (Collen, & Hilfer, 2011). In general, protecting a restaurant’s intellectual property is difficult, but not impossible. Therefore, it is important that restaurateurs learn the basics about intellectual property law.
Some restaurateurs invent new tools and gadgets in an effort to make existing processes more efficient. When this happens, it is important that they take the time to file a patent to secure the rights to their invention (Sanderson, 2013). A patent is form of intellectual property law used to protect an invention; regardless of use, patents last for 20 years (Newton,
Our mission is to provide our customers with the best products and services that we have created a new market space for. We strive for 100% customer satisfaction and taking what used to be multiple purchases of software into one operation system. That can increase many aspects of the important sectors within the restaurant industry. I.e. decrease employee-training time, increase outputs, real-time record keeping ‘including inventory’, and more.
Intellectual Property Law used to only protect art, music, and literature, but because of technological development, Intellectual Property Law now also protects a greater variety of innovations including designs, inventions, symbols, discoveries, and words. The phrase “intellectual property” was first known to be used in the late 1700’s; however, it was not widely talked about, nor was the Intellectual Property Law in actuality commonly implemented. Intellectual Property Rights slowly gained more attention by mid-1800’s after the Industrial Revolution had taken place: more companies were created, competition between corporations became fiercer, and owning unique innovations were crucial to winning the competition. However, as Intellectual Property
The Santa Fe Grill is a relatively new Mexican restaurant that was started by two former business students from the University of Nebraska, Lincoln. The idea sparked after the two roommates who were both interested in pursuing entrepreneurial interests decided that a Mexican restaurant in their city would be highly successful. While taking an entrepreneur class at the University, the plan for the business began coming together. Their main focus was to create a restaurant that would feature the freshest ingredients, as well as a lively atmosphere, cutting edge advertising and marketing, plus exceptional service for customers. (Research Methods, Pg. 19) By doing so, the students hoped that they could fulfill their dreams of ownership.
Intellectual property rights (IPR) are extremely boring. This is a simple truth. There is nothing exciting about discussing copyrights, patents, trademarks, trade secrets. There is no such thing as an invigorating discussion revolving around the legal battles of Isaac Newton v. Gottfried Wilhelm. It just doesn’t happen. What does happen, however, are “invigorating discussions” revolving around sites like Limewire and megashare being shut down. A woman who was sued for illegally downloading ten songs was found guilty and forced to pay a fee of $10,000.
is extremely competitive, labor intense and risky. It is saturated with multiple different types of restaurants many competing in the exact segments. Companies operating in this type of environment seek differentiation strategies in order to set themselves apart from rivals, using various tactics such as pricing, food quality, menu theme, signature menu selections, dinning ambience and atmosphere, service, convenience, loyalty programs, specials, heart-healthy, and location (Thompson, Peteraf, Gamble & Strickland, 2014, p.C-138). Many restaurants can’t keep abreast and don’t survive, making them go out of
From a legal standpoint the in the Food Service Industry, there are certain laws and regulations to be met prior to entering. For example, Domino’s has to meet strict health and insurance requirement’s, such as Business Property, Business Liability, Business Crime, and Worker’s Compensation Insurance to Operate a business. They’re other competitors such as Pizza Hut and Papa John’s that have to purchase these insurance to protect their business. Some of the protection covered by these Insurances are property damage, in case of a fire; Business liability, that protects them from any accident that may occur at the restaurant, or illnesses that the food may cause; Business Crime, covers theft and robbery, and Workman’s Compensation, that represents the interest of injured workers in the workplac...
Editorial. Nations Restaurant News 11 Nov. 2005: n. pag. MasterFILE Premier. Web. 5 Mar. 2013.
The World Intellectual Property Organization, Intellectual property is the ‘products of the mind: inventions, literary and artistic works, any symbols, names, images, and designs used in commerce’. Intellectual Properties such as Patents, designs, trademarks and copyrights are protected by laws. The US government offers different types of protection for these properties. The Lanham Act (15 U.S.C.A. Section 1051 et seq., also known as the Trademark Act of 1946, provides protection for trademarks. A trademark is defined as a name, word, symbol, or device or any combination thereof, adopted and used by a manufacturer or merchant to identify its goods and distinguish them from those manufactured and sold by others.
Intellectual property is property resulting from intellectual, creative processes. A product that was created because of someone’s individual thought process. Examples includes books, designs, music, art work, and computer files. (Miller R. J., 2011, p. 114) In the music industry a copyright is an important tool for artist to use to protect themselves from infringers. A copyright is the exclusive right of an author or originator of a literary or artistic production to publish, print, or sell that production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship (including computer programs). (Miller R. J., 2011, p. 125)
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
There are many reason that why is it important to protect one’s intellectual property. Some of the reason are Creator being accused as a theft, Loss of Reputation, Loss of income, Loss of Asset and Loss of Authority Rights.
An evaluation of the restaurant’s strengths, weaknesses, opportunities and threats served as the foundation for this marketing plan. The plan focuses on the restaurants marketing strategy, suggesting ways in which it can build on new customer relationships, and development of new food products and targeted to specific customer groups.
Withiam, G. (1999). Cookin' with the technomic top-100. Cornell Hotel and Restaurant Administration Quarterly, 40(4), 9. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/209700580?accountid=28180
Technology is now the foundation to any society and in America; digital products (mp3 files, videos, books, etc.) are protected as intellectual property. Theft of any intellectual property would have similar (and in some cases more severe) consequences as stealing a car or shoplifting, however, some countries that fall behind in the development of intellectual property can easily steal digital products and produce them for a much cheaper and easier rate of production. One such country is China, which has indirectly stolen billions of dollars for the American economy by either replicating or developing products that America invented. America has tried to engage the Chinese to try to stop such theft, but while doing so may have surpassed civil liberties that are constitutional to all American citizens. The United States needs to ensure safety of intellectual property, while at the same time protecting the rights of the American people. By allowing overzealous amounts of regulation on the Internet would be unconstitutional.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.