<audio source src= "https://ericalevi.coventry.domains/games/chocolate/light.mp3"; autoplay></audio>(set: $bean to 10)(set: $new to 0)(set: $inspiration to 0)(set: $old to 0)
|paper>[<div>What do you know? You inherit your grandmother’s chocolate shop!
How come nobody has ever told you that there was a chocolate shop in the family?
While reading some old files, you realise that the World Chocolate Day Festival is coming up. Your grandma wanted to make a splash experimenting with a recipe. You wonder if you can find some more information about it.
You find an ornated casket.
<div><center><img src= "https://ericalevi.coventry.domains/games/chocolate/casket.png"; alt="The image shows an ornate, decorative casket with its lid open. It has an antique, vintage style, crafted with detailed embellishments and elegant patterns. The main body of the chest is a rich blue colour, and it's accented with intricate gold trim and designs. The edges and corners are reinforced with gold-toned metal, and the decorative patterns give it a regal or royal appearance. It stands on four curved, ornamental legs, and there is a prominent lock mechanism on the front, although it's not engaged. The inside of the chest is empty and lined with a smooth, dark reddish-brown material."; style= "width: 30%; height: 30%";></center></div>
It contains ten golden beans.
They look quite precious, and you discover that you will need twelve to enter the competition for the World Chocolate Day Festival. Did grandma have more beans? And how can your entry win the contest?
Do you want to:
[[You try to use her old recipes.|Old Recipe]]
[[You create your own new recipe.|New Recipe]]
[[You decide to look for inspiration elsewhere.|Inspiration]]</div>]
(set: $old to 1)
|paper>[<div>Alright. You want to use your grandma's recipe, but then you think about Intellectual Property.
What is protected by copyright in a recipe?
The written expression of a recipe (e.g., the narrative, instructions, and descriptive text) can be protected as a literary work under the Copyright, Designs and Patents Act 1988.
Photographs, illustrations, and layout in a cookbook or blogs are also protected.
If a recipe is part of a collection (like a cookbook), the typographical arrangement and selection may be protected as a database right or compilation, but none of that applies to grandma's scrawl.
Is the list of ingredients protected by copyright?
[[Yes|IngredientY]]
[[No|IngredientN]]</div>]
(set: $new to 1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/gurgling.mp3"; autoplay></audio>
|paper>[<div>After a lot of testing and tasting (yum), you come up with a corker of an idea: the Velvet Bloom!
You can see the headline:
|example>[<div><big>[''$name and the Velvet Bloom'']</big><div>]
Can copyright protect the idea or concept of a dish?
[[Yes|IdeaN]]
[[No|IdeaY]]
</div>](set: $inspiration to 1)
|paper>[<div>You stumble upon a famous chocolatier’s recipe online. It’s tempting...
What copyright law allows you to do?
[[You can use it.|InspirationY]]
[[You do not use it.|InspirationN]]
</div>]
(set: $bean to $bean +1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>That is right! Copyright law doesn't protect ideas or concepts, only their expression. You have earned a bean! Now you have $bean.
<div><img src= "https://ericalevi.coventry.domains/games/chocolate/bean.png"; alt="An elongated and oval-shaped object, looking like a cocoa pod, with a ridged surface, highly polished, metallic gold finish. The ridges run lengthwise from the top to the bottom, giving it a segmented appearance."; style= "width: 12%; height: 12%";></div>(if: $new is 1 and $inspiration is 1 and $old is 1)[[Hurray! You have a yummy product to enter the World Chocolate Day Festival!|Secret]](if: $inspiration is 1 and $old is 0)[Now that you think about it perhaps it would be better another approach.
[[You try to use grandma's old recipes.|Old Recipe]]](if: $inspiration is 0 and $old is 1)[You have changed your mind.
[[You decide to look for inspiration elsewhere.|Inspiration]]](if: $inspiration is 0 and $old is 0)[You start to doubt your approach. What are you going to do?
[[You get grandma's old recipesout.|Old Recipe]]
[[You look for inspiration elsewhere.|Inspiration]]]
</div>](set: $bean to $bean -1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>That is incorrect! Copyright law doesn't protect ideas or concepts, just their expression. You have lost a bean! Now you have $bean.
(if: $new is 1 and $inspiration is 1 and $old is 1)[[Hurray! You have a yummy product to enter the World Chocolate Day Festival!|Secret]](if: $inspiration is 1 and $old is 0)[Now that you think about it perhaps it would be better another approach.
[[You try to use grandma's old recipes.|Old Recipe]]](if: $inspiration is 0 and $old is 1)[You have changed your mind.
[[You decide to look for inspiration elsewhere.|Inspiration]]](if: $inspiration is 0 and $old is 0)[You start to doubt your approach. What are you going to do?
[[You get grandma's old recipes out.|Old Recipe]]
[[You look for inspiration elsewhere.|Inspiration]]]
</div>]
(set: $bean to $bean -1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>Alas, the list of ingredients alone is not copyrightable.
Oh, one of your beans in the casket vanishes! Now there are only $bean.
(if: $new is 1 and $inspiration is 1 and $old is 1)[[Hurray! You have a yummy product to enter the World Chocolate Day Festival!|Secret]](if: $inspiration is 1 and $new is 0)[You decide to have a fresh approach.
[[You create your own new recipe.|New Recipe]]](if: $inspiration is 0 and $new is 1)[[Perhaps you should look for inspiration elsewhere.|Inspiration]](if: $inspiration is 0 and $new is 0)[You start to doubt your approach. What are you going to do?
[[You give a go at creating your own new recipe.|New Recipe]]
[[You look for inspiration elsewhere.|Inspiration]]]
</div>]
(set: $bean to $bean +1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>You are right, the list of ingredients alone is not copyrightable.
Oh, you count an extra bean in the casket! Now there are $bean.
<div><img src= "https://ericalevi.coventry.domains/games/chocolate/bean.png"; alt="An elongated and oval-shaped object, looking like a cocoa pod, with a ridged surface, highly polished, metallic gold finish. The ridges run lengthwise from the top to the bottom, giving it a segmented appearance."; style= "width: 20%; height: 20%";></div>(if: $new is 1 and $inspiration is 1 and $old is 1)[[Hurray! You have a yummy product to enter the World Chocolate Day Festival!|Secret]](if: $inspiration is 1 and $new is 0)[You decide to have a fresh approach.
[[You create your own new recipe.|New Recipe]]](if: $inspiration is 0 and $new is 1)[[Perhaps you should look for inspiration elsewhere.|Inspiration]](if: $inspiration is 0 and $new is 0)[You start to doubt your approach. What are you going to do?
[[You give a go at creating your own new recipe.|New Recipe]]
[[You look for inspiration elsewhere.|Inspiration]]]
</div>](set: $bean to $bean +1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>Yep! Making the dish by following a recipe is not considered infringement, even if the written recipe is copyrighted.
As you hear the casket clinking, you see that there is a new bean! Now you have $bean.
<div><img src= "https://ericalevi.coventry.domains/games/chocolate/bean.png"; alt="An elongated and oval-shaped object, looking like a cocoa pod, with a ridged surface, highly polished, metallic gold finish. The ridges run lengthwise from the top to the bottom, giving it a segmented appearance."; style= "width: 12%; height: 12%";></div>If you adapt a recipe significantly, it’s good etiquette (though not legally required) to credit the original source.
Republishing someone’s recipe verbatim, especially with their photos or layout, without permission, may infringe copyright.
(if: $new is 1 and $inspiration is 1 and $old is 1)[[Hurray! You have a yummy product to enter the World Chocolate Day Festival!|Secret]](if: $new is 1 and $old is 0)[Perhaps you should reconsider...
[[You decide to use grandma's old recipes.|Old Recipe]]](if: $new is 0 and $old is 1)[[You create your own new recipe.|New Recipe]](if: $new is 0 and $old is 0)[You start to doubt your approach. What are you going to do?
[[You give a go at creating your own new recipe.|New Recipe]]
[[You look through your grandma recipes.|Old Recipe]]]
</div>](set: $bean to $bean -1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>Nope. Making the dish by following a recipe is not considered infringement, even if the written recipe is copyrighted.
You hear the casket clinking as you see that a bean disappears. Oh dear! Now you have $bean.
If you adapt a recipe significantly, it’s good etiquette (though not legally required) to credit the source.
Republishing someone’s recipe verbatim, especially with their photos or layout, without permission, may infringe copyright.
(if: $new is 1 and $inspiration is 1 and $old is 1)[[Hurray! You have a yummy product to enter the World Chocolate Day Festival!|Secret]](if: $new is 1 and $old is 0)[Perhaps you should reconsider...
[[You decide to use grandma's old recipes.|Old Recipe]]](if: $new is 0 and $old is 1)[[You create your own new recipe.|New Recipe]](if: $new is 0 and $old is 0)[You start to doubt your approach. What are you going to do?
[[You get grandma's old recipes out.|Old Recipe]]
[[You fancy experimenting.|New Recipe]]]
</div>]
|paper>[<div>Not just only you receive a ticket to attend the World Chocolate Day Festival as a delegate, but you receive a VIP entry as an Elite Choccolatier as your Velvet Bloom is a favourite to win the competition!
[[And the big day has arrived!|Competition]] </div>](set: $patent to 0)(set: $secret to 0)
|paper>[<div>Ok, now what? How can you protect your recipe?
[[You can look at trade secrets.|Trade secret]]
[[Maybe taking a patent?|Patent]]
</div>](set: $secret to $secret+1)
|paper>[<div>Trade secrets, like the Coca-Cola formula, are a powerful form of intellectual property protection that can last indefinitely, as long as the secret remains confidential.
<div>In the UK, trade secrets are protected under the <a href= "https://www.legislation.gov.uk/uksi/2018/597/contents/made"; target= "_blank">Trade Secrets (Enforcement, etc.) Regulations 2018</a>, which align with the <a href= "https://eur-lex.europa.eu/eli/dir/2016/943/oj/eng"; target= "_blank"> EU Trade Secrets Directive</a>.
|quote>[<div>A trade secret is defined as confidential information that has commercial value because it is secret and has been subject to reasonable steps to keep it that way. This means businesses must actively protect their sensitive information, such as recipes, formulas, or proprietary processes, through measures like <a href= "https://www.gov.uk/government/publications/non-disclosure-agreements"; target= "_blank">Non-Disclosure Agreements</a> (NDAs), restricted access, and internal confidentiality policies.</div>]
Unlike patents or trademarks, trade secrets do not require registration and can be protected indefinitely, as long as the secrecy is maintained.
|quote>[<div>If someone unlawfully acquires, uses, or discloses a trade secret, the owner can seek legal remedies such as injunctions or damages through civil courts. However, protection will be lost once the information becomes public or is independently discovered, reverse-engineered, or otherwise disclosed by others. Therefore, maintaining robust internal controls and legal safeguards is essential for long-term protection.</div>]
(if: $patent is 0)[[[Maybe taking a patent instead?|Patent]]](if: $patent is 1)[[You now need to come up with a design for it: a logo and a great packaging.|Design]]
</div>]
(set: $patent to $patent +1)
|paper>[<div>Patents are rarely used for recipes but are possible if the recipe involves a novel and non-obvious process.
''A UK patent lasts 5 years. If you want it to stay in force after that, you must renew it every year, up to a maximum of 20 years”.
|quote>[A patent gives the inventor exclusive rights to make, use, sell, or license an invention, provided annual renewal fees are paid. To qualify, the invention must be new, involve an inventive step, and be capable of industrial application. It must also not fall into excluded categories like abstract ideas, scientific theories, or purely aesthetic creations.]
In the UK, patents are governed primarily by the <a href= "https://www.legislation.gov.uk/ukpga/1977/37/contents"; target= "_blank">Patents Act 1977</a>. Find out more about <a href= "https://https://www.gov.uk/business/patents"; target= "_blank">Patents in the United Kingdom</a>.
|quote>[<div>To obtain a patent, the inventor must file a detailed application with the <a href= "https://www.gov.uk/government/collections/intellectual-property-patents"; target= "_blank">UKIPO</a>, disclosing how the invention works. This disclosure becomes public after 18 months, meaning the trade-off for protection is loss of secrecy.</div>]
Once granted, the patent owner can take legal action against anyone who uses the invention without permission. However, enforcement is the responsibility of the patent holder, not the government.
(if: $secret is 0)[[[Maybe your recipe is a trade secret?|Trade secret]]](if: $secret is 1)[[You now need to come up design a beautiful name, logo and packaging for it.|Design]]
</div>]
(set: $trade to $trade +1)(set: $bean to $bean +1)<audio source src= "https://ericalevi.coventry.domains/games/chocolate/bean.mp3"; autoplay></audio>
|paper>[<div>Gosh, you are really serious about your Velvet Bloom!
Good on you! Your grandma would be proud, and you've got yourself another golden bean to enter the competition! Well done! Now there are $bean.
<div><img src= "https://ericalevi.coventry.domains/games/chocolate/bean.png"; alt="An elongated and oval-shaped object, looking like a cocoa pod, with a ridged surface, highly polished, metallic gold finish. The ridges run lengthwise from the top to the bottom, giving it a segmented appearance."; style= "width: 15%; height: 15%";></div>
In the United Kingdom, trademarks are protected under the <a href= "https://www.legislation.gov.uk/ukpga/1994/26/contents"; target= "_blank">Trade Marks Act 1994</a>, which grants businesses the exclusive right to use distinctive signs, such as names, logos, slogans, or even sounds to identify their goods or services.
|quote>[To obtain this protection, a trademark must be registered with the UK Intellectual Property Office (UKIPO). Once registered, the trademark owner gains exclusive rights within the UK for the specified goods or services, with protection renewable every 10 years, potentially lasting indefinitely.]
The registration process involves submitting an application, which is examined for distinctiveness and potential conflicts with existing marks.
If accepted, the mark is published for 'opposition', allowing others to challenge it.
Once registered, the owner can take legal action against anyone who uses the mark without permission in a way that could cause confusion.
|quote>[Trademarks serve as powerful tools for brand recognition and consumer trust, helping distinguish one business from another in the marketplace. However, they must be actively managed to remain valid and enforceable.]
[[Find out more about trademarks.|Trademark Extra]]
[[Continue with the story...|Predicament]]
</div>](set: $trade to 0)
|paper>[<div>You decide that before entering the competition, you must design a beautiful logo and wrapper for your Velvet Bloom.
Do you:
[[Trademark your design.|Trademark]]
[[Skip the legal stuff and just use it.|Predicament]]
</div>]|paper>[<div>Everything is ready!
You've got your Velvet Bloom(if: $bean <12)[, but you are stumped!
You only have $bean beans, and you don't have the number required to enter the World Chocolate Day Festival.
Maybe you can look for more beans and enter next year.
In the meantime, let's hope nobody discovers your new recipe!
[[Continue...|End]]](if: $bean is 12 or >12)[. Brilliant!
You have got enough golden beans ($bean, to be precise(if: $bean > 12)[, even enough to spare](if: $bean is 12)[, exacltly]).
You submit your entry, posting some samples of your Velvet Bloom and your golden beans.
Then you just sit tight to hear if your Velvet Bloom is a potential winner.
[[Epilogue...]]]
</div>]|paper>[<div>[<div>|example>[<div><big>[''THE END'']</big></center>]
Thank you for playing. I hope you enjoyed the game and will return to play.
|sign>[<div><center>$name, if you are in a competition, record or screenshot the score to show how many golden beans you have accumulated!</center>
<center>[**You have $bean beans.**]</center></div>]
Did you get all the 14 beans and the trophy? Play again and explore other answers and scenarios.
Find more of my resources on my <a href= "https://ericalevi.coventry.domains/"; target= "_blank"> website</a>.</div>]
|smallspace>[<div>The concept, story, and design of Chocolate Condrum were created as part of Erica Levi's employment for Coventry University.
© Coventry University (2025) licensed under the Creative Commons Licence By Attribution 4.0 International (CC BY 4.0) available on its <a href= "https://creativecommons.org/licenses/by/4.0/"; target= "_blank">website</a></span>, except for the illustrations which were created with Adobe Firefly and the sound effects that are in the public domain and available from <a href= "https://freesound.org/"; target= "_blank">FreeSound</a></span>.<p></p>
<a href= "https://ericalevi.coventry.domains/assetsHome/Disclaimer-and-Takedown-Policy-2024.pdf"; target= "_blank">Disclaimer and Takedown Policy</a>.</div>]
</div>](set: $name to (prompt:"Let's make it friendly, what is your name? ", "Sugar Spindle"))
|paper>[<center><div>[[Click here for the Sweet Beginning|Sweet Beginning]]</div><center>]
<audio source src= "https://ericalevi.coventry.domains/games/chocolate/light.mp3"; autoplay></audio>(if: $keyA is 1)[ <audio source src= "https://ericalevi.coventry.domains/Sounds//clapping.mp3"; alt="People are clapping and cheering" autoplay></audio>]
|paper>[<div>|example>[<div><big>[''Competition day is here! '']</big></center>]
Of course, you are procliamed the winner!
You are beaming, looking at your prize, a cup full of golden beans — not bad considering that you have just inherited your grandma's shop! She would be so proud of you.
<div><center><img src= "https://ericalevi.coventry.domains/games/chocolate/prize.png"; alt="AA shiny and polished celebratory and prestigious gold trophy cup with two elegant handles, one on each side. The cup is filled to the brim with a large number of small, golden cocoa beans."; style= "width: 35%; height: 35%";></center></div>
(if: $trade is 1)[Not just only ou win the win the festival, but you are praised for your originality and integrity!](if: $trade is 0)[Some choices, however, raise some eyebrows.
Your brand looks precisely like the trademarked one that won last year — at least, the taste is very different.
You do end up facing legal challenges on your brand... and it might mean that your chocolate business venture might already be over.]
[[Continue...|End]]
</div>]|paper>[<div>To know more look at the <a href= "https://www.gov.uk/how-to-register-a-trade-mark" target= "_blank">Government's guidance</a>.
----
Trademarks are territorial; for example, a US trademark only protects the brand within the United States. It follows that if the brand is not registered in the UK, you may be able to register and use it; however, you need to be cautious:
* If the brand is internationally well-known (even though it is without registration), it may still be protected under the “well-known mark” principle under common law rights^.
* If the product will be available online, you might consider geographical restrictions or disclaimers on your website.
----
There are a few databases you can search for deposited trademarks:
* The <a href= "https://www.uspto.gov/trademarks/search"; target= "_blank">Trademark Search System</a> of the United States Patent and Trademark Office (USPTO) for US trademarks
* The <a href= "https://www.gov.uk/search-for-trademark"; target= "_blank">Trademark Search Tool</a> of the UK’s Intellectual Property Office (IPO) for UK trademarks
* The <a href= "https://www.wipo.int/en/web/global-brand-database"; target= "_blank">Global Brand Database</a> of the World Intellectual Property Organization (WIPO), which offers a platform where you can search trademarks registered in multiple countries
* The <a href= "https://euipo.europa.eu/eSearch/"; target= "_blank">EUIPO eSearch Plus</a> of the European Union Intellectual Property Office (EUIPO) for UK trademarks.
These tools show:
* Registration status
* Jurisdiction
* Owner details
* Classes of goods/services
----
A grey area is whether you can use a slight variation in spelling, spacing, or punctuation, since it may still be considered confusingly similar, especially if:
* The names look or sound alike or convey the same meaning.
* The goods or services fall under the same trademark class.
* The original brand is distinctive or well-established.
---
''Did you know?''
TM tells others that you think that the word, logo, slogan etc., is your trademark. In some countries, this will give you common law^ rights (e.g. USA, UK, New Zealand, Australia, Canada).
It does not mean the mark is officially protected, and you can sue anyone for misusing it.
SM is used when you sell services and not physical products.
® means that your trademark is registered in a country.
---
|smallspace>[<div>^Common law is a legal system where judges' decisions and precedents (past rulings) form the basis of law, rather than relying solely on codified statutes.</div>]
[[Continue with the story...|Predicament]]
</div>]