Pastel de Nata: A Taste of Portugal and a Lesson in Trade Secrets

We’ve just returned from a fantastic team trip to Portugal – a wonderful few days spent enjoying the sunshine, culture, and of course, plenty of food. It was a proper family affair for the whole Briffa team. And, as ever, wherever we go… IP isn’t far behind.

One of the highlights was a baking class, where we were introduced to the art of making Portugal’s beloved Pastel de Nata. Our instructor gave us the lowdown on this iconic custard tart, explaining that the original recipe dates back hundreds of years – and has remained a tightly guarded secret ever since. Naturally, our ears perked up… was this a live demonstration in trade secrets?

Well, not quite. But allow me to explain…

The Trade Secret

According to our baker, the original Pastel de Nata recipe was created by monks, who began selling the pastries to raise funds. Recognising the value of what they’d created, the monks kept the recipe under wraps – essentially protecting it as a trade secret.

Confidentiality Agreements

As the pastry’s popularity grew, and the monastery was eventually closed, the monks sold the recipe to a nearby sugar refinery. From a legal perspective, the recipe wasn’t a tangible asset that could be bought or sold like property. Instead, it was confidential information.

That means the monks didn’t technically transfer ‘ownership’ of the recipe. What they probably did was disclose the information under a confidentiality agreement, which legally bound the parties to secrecy – a common practice in safeguarding trade secrets.

Reverse Engineering

Our baker went on to explain that the original recipe is still secret today, with only two people at a time ever knowing the full details.

Yet, all across Portugal – and even in our very own baking class – people are making Pastel de Natas. So how does that work?

The answer lies in reverse engineering. Over the years, bakers and chefs have experimented, trialled, and tasted their way to approximate versions of the pastry. From a legal point of view, this process – guessing or working out a recipe through independent effort – is perfectly lawful. It’s neither a breach of contract nor an IP infringement.

And therein lies the challenge for brands relying on trade secrets: the risk of reverse engineering is real. Still, many companies – think Coca-Cola or KFC – have managed to stay ahead of the curve by safeguarding complex formulations that copycats just can’t figure out to replicate.

Briffa’s Final Bake

We’re proud to report that the Briffa team’s take on Pastel de Nata more than lived up to the challenge. In our humble opinion, our pastries rivalled – if not surpassed – the original. We like to think the monks would be proud.