Brewing recipes

[californiabrew]

Your brewer has found a new job, he will not stay no matter what. Is the owner of the Brew Pub entitled to specific recipes the brewer has been using? If so, what if the brewer refuses to give them up?

[bostondave]

Generally, isn't any intellectual property developed while on a company's payroll the property of the company? That's my guess.

Good question.

[damoller]

Maybe and be not

Generally, isn't any intellectual property developed while on a company's payroll the property of the company? That's my guess.

Good question.

If they were hired to do that then yes but if the job description does not cover that, then NO. If they (the brewer) brought the recipes with them they are the brewers! I have consulted with several attorneys on this! All of them said the same thing!

[tylerpeters]

at least all academic research is property of the University so I would imagine whoever is paying the bills would have rights to it.

[tarmadilo]

Considering just how easy it is to take a recipe and change one ingredient (say, using similar but different finishing hops), I've always considered it impossible to "own" a beer recipe.

If I develop a recipe that I really like, damn straight I'm gonna take it with me to the next place. At the same time, I'd hardly expect a brewery to quit brewing a beer I developed just because I left!

Cheers, Tim

[bbrodka]

I would say if the brewer developed the recipe on company time it is the brewhouses, if he brought it with him, and shared it with the brewpub it is his.

My understanding is that intelectual property belongs to the company if you are paying them to develop products for the company.

If he was an experienced brewer with existing recipes, they are his

[beauxman]

I agree with Tarmadilo, any decent brewer can make the same beer but "different" by changing only one little thing. Also, any decent brewer can reverse engineer anyones beer within a close emulation of the product. As a brewer who developed a recipe or two at the previous brewpub, I felt no need to repeat those beers in the new place. That being said, I have brewed the next generation/version of both but with unique changes, making them new beers for the new pub, not repeats of what I made at the previous job.

[Dogwonder]

I would say if the brewer developed the recipe on company time it is the brewhouses, if he brought it with him, and shared it with the brewpub it is his.

My understanding is that intelectual property belongs to the company if you are paying them to develop products for the company.

If he was an experienced brewer with existing recipes, they are his

This brings up an interesting question, is a beer recipe technically intellectual property? It certainly not patentable, but could they be considered a "trade secret" in a court of law?

[Ziggy-san]

Trade Secrets...

Dogwonder -

My understanding is that a recipe CAN constitute a trade secret and thus fall under intellectual properties. However, you cannot protect the flavor or aroma profiles of a final product nor the process used to create that product if it is 'common practice' in the industry. That is, you can protect the exact recipe that gives you a specific result, but not the result itself, only its monicker.

Regarding Brewhouse\Brewer ownership rights, this is usually settled in the employee contract. Some clause in which the IP rights are clarified or assigned (e.g. all recipes developed and/or produced on BrewHaus equipment and premises during tenure at the BrewHaus belong to the company) should be present to prevent said clashes.

That said, I'm with Tarmadillo -- why bother? If you absolutely must, its easier to go after someone for styling their product after yours and using something you CAN defend in the advertisement and sale of their product (eg name, 'tastes like', etc...). Any decent brewer can make a reasonable approximation of someone else's brew, even if they don't do it exactly the same... but why?

NOT A LAWYER, DON'T EVEN PLAY ONE ON TV