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1

T HE HISTORY O F

Trade Secrets

and Indian curries. We hope that this book will play

a role in the dissemination of techniques to a wide

array of chefs who can use them as basic building

blocks in forging their own culinary vision.

The restaurants at the forefront of Modernist

cuisineelBulli, The Fat Duck, Alinea, Mugaritz,

wd~50, and many otherseach follow their own

styles and culinary vision. In the future, we will

see chefs develop more new styles and develop

new movements dedicated to them. Modernist art

got a kick start from the Impressionists, but the

movement surely did not end there. In the same

way, we think Modernist cuisine has a future that

includes a broad application of creativity beyond

anything we have seen so far.

In addition to trademarks, copyrights, and patents, there is a

fourth branch of intellectual property law: trade secrets. A

trade secret is a method, recipe, or approach that is hidden

from public view. In that sense, it is very different from

patents, copyrights, or trademarks, which are registered

with the government and thereby disclosed to the public.

It is up to the owner to keep a trade secret. If someone else

does her own research and re-creates the secret recipe or

technique, she has every legal right to use it. The only protection

provided by the law is a prohibition against outright

theft of the secret.

Colonel Sanders’s recipe for fried-chicken batter, which

famously contains “a blend of 11 herbs and spices,” is a trade

secret, as is the recipe for Coca-Cola. Like many companies,

KFC and Coca-Cola opted to use trade secrets instead of

patents because trade secrets are forever, whereas patents

typically last for about 20 years before becoming part of the

public domain.

Coca-Cola has maintained the secrecy of its soft-drink

formula for more than 100 years, at least in principle. Of

course, the reality is that the formula has changed over the

years: high-fructose corn syrup has replaced sugar, and there

have been many adjustments to the other ingredients.

Another advantage of trade secrets is that they apply to

things that would not be eligible for patent or copyright

protection. Most recipes fall into that category.

Critics point out that many companies use their “secret”

formula primarily as marketing hype. Although they do keep

the formula secret, it is unlikely that disclosing that formula

would dramatically change the company’s sales. This is

Of course, controversy over the new cuisine will

continue to erupt as the movement becomes part

of the culinary mainstream. People from the old

order will (quite naturally) feel threatened by it. In

reality, the Modernist revolution does not threaten

traditional food and will never make it obsolete.

But many lovers of traditional cuisine will surely

continue to feel threatened and worry, just as

traditionalists did when Modernist painting and

architecture emerged.

Indeed, architecture is probably a closer

analogy to cooking than painting or other art

forms are, because architecture has a strong

utilitarian aspect. People must have buildings for

shelter, and as a result, most buildings on Earth

particularly true now that the tools of modern analytical

chemistry make it easier than ever to reverse engineer a

formula or recipe.

There is little doubt that the Colonel’s 11 herbs and spices

could be identified and quantified by any competitor who

spent enough time in the lab. Indeed, the Internet is rife with

people’s best guesses about secret recipes and formulas. A

recent product called OpenCola even promotes itself on the

basis of having a published, open-source recipe.

Despite the limitations, large food companies do engage

in legal fights over trade secrets. Bimbo Bakeries USA, the

makers of Thomas’ English Muffins, filed a lawsuit in 2010 to

block one of its executives from taking a job with Hostess

Brands, a rival commercial baked-goods company. In a court

brief, Bimbo’s lawyers argued that at Hostess, the executive

“could produce an English muffin that might look a bit

different, but that would nevertheless possess the distinctive

taste, texture, and flavor character that … have been the

foundation of the product’s success.”

Most serious chefs don’t see much value in secrets and have

a tradition of being open with their recipes. They know that it

is hard to keep secrets, with sous chefs and stagiers coming

and going. Modernist chefs, in particular, tend to be quite

willing to share what they have learned with others. Gaining

credit as an innovator makes more sense than trying to keep

secrets. That philosophy doesn’t apply to some areas of

cooking, which are steeped in secrecy—for example, chili or

barbecue in the American South, bouillabaisse in Marseille, or

cassoulet in southwestern France. With these foods, it’s

typical to find people jealously guarding their secret recipes.

are quite mundane; warehouses, office buildings,

shopping malls, and homes all need to exist for

very prosaic reasons. Yet architecture can also be

an exhilarating art form. The work of architects

like Frank Gehry, Renzo Piano, Santiago Calatrava,

and Tadao Ando (to name just a few) can serve

both artistic and functional purposes. They are

works of high art that also give us shelter.

Yet the styles of the great masters of architecture

are in no way the same. A museum or bridge by

Calatrava is instantly recognizable to anyone who

has even a passing familiarity with his work. Gehry

or Piano, if given the same commission, would

create totally different structures. We see these

distinctions in competitions, where many architects

present proposals for a major new building.

Of course, most of the world’s buildings weren’t

created by famous architectscutting-edge

architects only design a tiny fraction of them.

Many architects don’t aspire to artistry; others do,

but they have a traditional aesthetic that does not

push the boundaries. Most buildings are still

constructed in a very traditional style.

In the same way, most food isn’t meant to be

Further Reading

For a list of cookbooks by chefs mentioned

in the chapter, see the further reading list

near the end of volume 5, on page 5·II.

Barham, P. The Science of Cooking.

Springer, 2001.

Blumenthal, H. Family Food.

Penguin Global, 2006.

Brillat-Savarin, J. A. Physiologie du Goût.

Echo Library, 2008.

Carême, M. A. L’Art de la Cuisine Française

au XIX e Siècle. Adamant Media, 2001.

Child, J. Mastering the Art of French Cooking.

Alfred A. Knopf, 2001.

Corriher, S. O. BakeWise: The Hows and

Whys of Successful Baking. Scribner, 2008.

Dauin, A. Le Nouveau Cuisinier Gascon.

Stock, 1981.

Escoffier, A. The Escoffier Cookbook and

Guide to the Fine Art of Cookery.

Crown Publishers, 2000.

high art. It is made to satisfy people’s hunger and,

one hopes, to give a bit of pleasure along the way.

Chefs on the line at a steak house and short-order

cooks at a diner serve an important role in society,

much like the architects who design buildings that

are not at the cutting edge of architecture, but still

serve a functional purpose.

Food can also be high art. Some of that can be

art that falls within a traditional culinary aesthetic,

but the scope of art is much broader than that.

The Modernist revolution is perhaps the purest

expression of food as art. Stripped of rules and

conventions, and with dishes that provoke thought

and engage the diner in a culinary dialogue,

Modernist cuisine is the first major culinary

movement that self-consciously sets out to be art.

Much like great architecture, Modernist food

generally isn’t for everyday consumption, and

because it is intellectually demanding, it may not

be for everyone. Like many artistic movements,

Modernist cuisine has a theoretical framework for

achieving its goals. And when it succeeds, it does

so magnificently, creating dining experiences that

could not exist in any other way.

Fernandez-Armesto, F. Near a Thousand

Tables: A History of Food. Free Press, 2003.

García, D. Dani García: Técnica y contrastes.

Montagud Editores, 2004.

Grocock C., Grainger, S. Apicius.

Prospect Books, 2006.

Hill, S., Wilkins, J. Archestratus: Fragments

from the Life of Luxury. Prospect Books, 2011.

Kamozawa, A., Talbot, A. H. Ideas in Food:

Great Recipes and Why They Work.

Clarkson Potter, 2010.

Marshall, A. Fancy Ices. Marshall’s School of

Cookery, 1885.

McGee, H. The Curious Cook: More Kitchen

Science and Lore. Wiley, 1992.

McGee, H. Keys to Good Cooking: A Guide to

Making the Best of Foods and Recipes.

Penguin Press, 2010.

Montagne, P. Larousse Gastronomique.

Crown Publishers, 1961.

Pegge, S. The Forme of Cury.

BiblioBazaar, 2006.

Extreme architecture, like Frank Gehry’s

magnificent Guggenheim Museum Bilbao

coexists with far more conventional and

traditional buildings around it.

Poggioli, R. The Theory of the Avant-Garde.

Harvard University Press, 1981.

Roca, J., Brugus, S. Sous Vide Cuisine.

Montagud Editores, 2005.

Sokolov, R. Why We Eat What We Eat: How

Columbus Changed the Way the World Eats.

Touchstone, 1993.

Steingarten, J. The Man Who Ate Everything.

Vintage, 1998.

This, H. Building a Meal: From Molecular

Gastronomy to Culinary Constructivism.

Columbia University Press, 2009.

This, H. Cooking: The Quintessential Art.

University of California Press, 2010.

This, H. Kitchen Mysteries: Revealing the

Science of Cooking. Columbia University

Press, 2007.

This, H. The Science of the Oven.

Columbia University Press, 2009.

Varenne, F. La Varenne’s Cookery. Prospect

Books, 2006.

Wrangham, R. Catching Fire: How Cooking

Made Us Human. Basic Books, 2010.

76 VOLUME 1 · HISTORY AND FUNDAMENTALS

HISTORY 77

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