11 Pages Posted: 9 Aug 2004 Last revised: 21 Oct 2010
Date Written: November 6, 2004
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.]
Keywords: Copyright, patent, trade secret, perfume, Dutch
JEL Classification: K20, K40
Suggested Citation: Suggested Citation
Field, Thomas G., Copyright Protection for Perfumes (November 6, 2004). IDEA: The Journal of Law and Technology, Vol. 45, p. 19, 2004. Available at SSRN: https://ssrn.com/abstract=573881 or http://dx.doi.org/10.2139/ssrn.573881