The French Chef Model Of Intellectual Property
For the week since Brad Feld published it, I’ve been trying to find something to enhance “Norms-based IP and French Chefs:”
Norms-based IP systems are an alternative (or a complement) to legal based IP systems. The Case of French Chefs is a superb example of how this works. If you care a lot about IP protection – especially if you think our current system has issues – this paper is definitely worth reading and pondering.
The picture is of course, “Beets and Leeks,” the preparation in which Thomas Keller introduced butter-poached lobster. Interestingly, that preparation is now widely copied, and Keller has gone on to a version of Beets and Leeks in which the lobster is prepared sous-vide.
The picture is from “Fine dining with Tom, anne and David in Napa, California.” [link to http://homepage.mac.com/tcherna/Web/FrenchLaundry/index.html no longer works]
Reputation. Small community. Fairly well-connected network. You can see how an informal enforcement mechanism would arise here. Another canonical example is the Antwerp diamond-dealing community, in which religious ties also play a part (the dealers are invariably orthodox jews).
However, it is highly unlikely (IMO) that such a mechanism could work when members of one community are the IP producers, and persons outside that community tend to be the consumers, for example.
admittedly, its not a perfect line up. I am forced to note that the consumers of restaurant “IP” are often not members of the restaurant industry.
Isn’t the IP in the restaurant case the recipe?
Interesting idea, but I’m sure there is a bounds limit on the number of members of an honor based community for this to work at all.
Seems to me that honor based IP probably is limited to professions: 1)with a long history 2)which are oriented around the individual craftsman 3)which usually involve an apprenticeship stage.
BTW that photo looks like a kneebone in a puddle of blood.