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Economic justice & welfare

Should the Coca-Cola Recipe Be Protected Under IP Law?

LNAT Section B · Founder's essay plan

The essay question

Should the recipe for Coca-Cola be able to afford protection under intellectual property law?

The plan

Stance

Against — beyond ordinary trade secret rules, the recipe should not receive copyright/patent-like exclusivity.

  • Jurisdiction focus: Mixed (UK/EU/US/TRIPS).
  • Word budget target: ~750 words.
  • Must-use anchors: TRIPS Art 39 (trade secrets), EU Trade Secrets Directive 2016/943, Kewanee Oil v. Bicron (US), Bonito Boats v. Thunder Craft (US), Feist (US), Baker v. Selden (US).

(Aryan's note: ask whether trade secrets would be considered part of IP law or not and thus whether the first point would stand.)

Definitions (tight, stance-aware)

  • Recipe (Coca-Cola): A functional compilation of ingredients/process steps that yields a taste/characteristic product; not an expressive work but a method of production.
  • IP protection (here): Exclusive, third-party-enforceable rights (e.g., patent, copyright, sui generis "recipe right") that go beyond contractual secrecy.
  • Trade secret: Non-public, commercially valuable information protected against misappropriation (breach of confidence, theft) but not against independent discovery or reverse engineering.
  • Quid pro quo of patent: Time-limited exclusivity in exchange for enabling disclosure; the bargain fails if you keep it secret and demand exclusivity.

These definitions steer you to argue: Coca-Cola already gets trade secret protection; demanding more (patent-like exclusivity without disclosure) breaks IP's design.

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