Questioning the author's right protection for gastronomic creations: Opportunities versus possibilities of implementation

International audienceThis article focuses on the difficulties in protecting and encouraging creativity in the gastronomic field through Intellectual Property Rights, especially through the author’s right. Unlike similar activities that create ephemeral works, for example, music or the performing arts, where authors are entitled to earn author’s rights on their creations, gastronomy has not yet encountered such recognition of its creativity. What reasons can explain this lack of recognition for creativity? Without an institutional protection of creativity, how can the gastronomic segment (that is no longer financially viable) remain attractive for cooks? Against all odds, some chefs have imagined alternative methods of payment built on diversification strategies. However, this diversifying process moves chefs away from their kitchen and is risky for creation because it may lead to a diminution of chefs’ propensity for creativity