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Copyright Protection for PerfumesThomas G. Field Jr.University of New Hampshire School of Law (formerly Franklin Pierce Law Center) November 6, 2004 IDEA: The Journal of Law and Technology, Vol. 45, p. 19, 2004 Abstract: In June 2004, the Lancome opinion from the Netherlands held that perfume compositions are copyrightable. The thesis of this paper is that the Dutch Court's approach runs afoul of basic copyright principles. Protecting scents instead would be relatively novel, but hardly radical, and necessary adaptations to copyright law would be modest. The paper nevertheless concludes that, lacking evidence of need, judges should not be quick to expand copyright law and should await legislative action. [An English translation of the Dutch opinion by Annemarie Louise Margot (Dooijes) Field, the author's daughter-in-law, follows at 31.]
Number of Pages in PDF File: 11 Keywords: Copyright, patent, trade secret, perfume, Dutch JEL Classification: K20, K40 Accepted Paper SeriesDate posted: August 9, 2004 ; Last revised: October 21, 2010Suggested CitationContact Information
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