Chemistry:Smell rights
Smell rights are claims of ownership to particular smells. These rights can include copyright or non-conventional trademark.
In France, the scent of a perfume is not eligible for copyright.[1]
In 2006, a Dutch court ruled that a perfume could have a copyright.[2][3][4] The case was a claim of French cosmetics company, Lancôme, on the property of the scent of its perfume Trésor against the version of such fragance done by the Dutch firm Kecofa.[2] The Dutch High court granted the protection given that scent as long as it is perceptible and original.[2]
Legal commentators have described possible systems for trademarking scents.[5] WIPO has collected information on the use of registration of the such called "Olfactory marks" as a tendency among national offices of trademark.[6]
In the United States, Hasbro has a trademark for the smell of Play-Doh.[7]
References
- ↑ "Does a French copyright smell anything?". 4 January 2018. http://www.maw-law.com/copyright/does-a-french-copyright-smell-anything-2/.
- ↑ 2.0 2.1 2.2 Koelman, Kamiel (September 2006). "Copyright in the Courts: Perfume as Artistic Expression?" (in en). https://www.wipo.int/wipo_magazine/en/2006/05/article_0001.html.
- ↑ "Smelly Rights: Copyright in Perfume". 19 January 2010. https://www.patentbaristas.com/archives/2010/01/19/smelly-rights-copyright-in-perfume/.
- ↑ Einhorn, David A.; Portnoy, Lesley (April 2010). "The Copyrightability of Perfumes: I Smell a Symphony". Intellectual Property Today: 8–10. https://www.bakerlaw.com/files/Uploads/Documents/News/Articles/INTELLECTUAL%20PROPERTY/Einhorn_&_Portnoy_IP_Today_4-1-10.pdf.
- ↑ Reimer, Erin M. (2012). "A Semiotic Analysis: Developing A New Standard for Scent Marks". Vanderbilt Journal of Entertainment & Technology Law 14 (3): 693–728. http://www.jetlaw.org/journal-archives/volume-14/volume-14-issue-3/a-semiotic-analysis-developing-a-new-standard-for-scent-marks/.
- ↑ World Intellectual Property Organization - Standing committee on the law of Trademarks, Industrial Designs and Geographical Indications (September 1, 2006). "New types of marks". https://www.wipo.int/edocs/mdocs/sct/en/sct_16/sct_16_2.pdf.
- ↑ Liszewski, Andrew (18 May 2018). "Hasbro Has Officially Trademarked the Smell of Your Childhood: Play-Doh". https://gizmodo.com/hasbro-has-officially-trademarked-the-smell-of-your-chi-1826136590.
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