"Beyond Simple Copying, Effort Theft" What Do You Think About 'Food Plagiarism'?

Frequent Food Plagiarism Allegations Including Pohang Deopjuk
Legal Reality: Difficult to Obtain Patents for Recipes
Expert: "Concerns Over Damage from Recipe Exposure During Patent Registration Process"

The owner of the Pohang Deopjuk restaurant (left), who appeared on SBS variety show 'Baek Jong-won's Alley Restaurant,' expressed his feelings about a franchise that sold counterfeit products, and the apology letter posted by the company representative (right). Photo by SBS 'Baek Jong-won's Alley Restaurant' broadcast screen, captured from an online community.

[Asia Economy Reporters Seunggon Han and Yeonju Kim] "They stole the effort put into creating a single menu item.", "If there is no legal punishment, I think we should boycott it so that it cannot be sold."

Recently, controversy over food plagiarism has resurfaced due to the menu "Deopjuk," developed on the SBS TV variety show "Baek Jong-won's Alley Restaurant" (Alley Restaurant). Although many complaints have arisen from those who originally developed the menu due to plagiarism, there is also a limitation in that there are no clear punitive provisions for this issue.

The owner of the Deopjuk restaurant in Pohang, who appeared on "Alley Restaurant," expressed discomfort on the 9th regarding a franchise selling similar products to his store’s menu. Through his official Instagram account that day, the Pohang Deopjuk owner stated, "I have not opened a Deopjuk restaurant in other regions. Please do not take it away. Please," and added, "The Pohang Alley Restaurant Deopjuk has no relation to any business in Seoul Gangnam or other regions."

Earlier, a franchise company was criticized for plagiarizing the menu of a Deopjuk restaurant in Pohang, Gyeongbuk, which had gained attention through the broadcast. The controversy arose not only because the cooking method was plagiarized but also because the product name used the expression "Alley Sniper," which could cause confusion that it was related to the self-employed person featured on the show.

As the controversy intensified, the franchise representative admitted the wrongdoing and announced plans to withdraw the business.

However, realistically, unless legal registrations such as trademarks are completed, it is difficult to punish the release of products with similar cooking methods or appearances.

It is difficult to recognize cooking methods as intellectual property rights, and the right to use menu names or food names depends on who files the trademark application first, making it practically difficult to protect the product.

Given this situation, self-employed business owners have started to raise awareness of the unfairness through public opinion. Some citizens who learned of this have expressed their intention to boycott and raised voices of criticism against the plagiarizing companies.

A female office worker A (27) said, "The biggest problem with food plagiarism is that it easily steals the effort and sweat the developer put into creating a single cooking method," and added, "I understand some degree of reference to cooking methods, but in this case (the Deopjuk plagiarism controversy), I think the problem is that even the product name was copied exactly."

She continued, "It has been a problem that similar products keep appearing for foods that have gained popularity through word of mouth, but I cannot understand why this has not improved institutionally. Of course, it is good that consumers have more choices and easier access, but I think this is an issue that must be addressed."

Male office worker B (31) also said, "If legal measures cannot be taken, I think consumers should at least boycott," and added, "In the past, cases were often overlooked, but in the case of the Deopjuk restaurant, I think the consumer boycott and criticism led to an apology and the decision to withdraw the business."

Experts pointed out that developers’ concerns about having to disclose cooking methods during the patent registration process are a limitation.

Attorney Kim Tae-min said in an interview with YTN Radio's "Saengsaeng Economy," "Applying for and receiving a patent means disclosing (the cooking method) to the public," and added, "Others see it and slightly modify the cooking method or add a few ingredients, so in reality, many restaurants do not apply for patents."

He continued, "There are lawsuits over whether it is plagiarism, but the process takes a long time and the judgment is not easy," and added, "There are various problems such as disclosure of cooking methods and ingredients."

This content was produced with the assistance of AI translation services.