The Dutch Supreme Court last week upheld a ruling allowing cosmetics maker L'Oreal SA to copyright its "Tresor" perfume as if it were a work of art, rather than patenting it as a product. Some experts criticized the decision as opening the door for companies to copyright all manner of products, since definitions of art are subjective. Other courts worldwide have usually held that odor is something that belongs to nature -- not to any person or company -- and is not copyrightable.
June 19, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The Dutch Supreme Court on Friday upheld a ruling allowing cosmetics maker L’Oreal SA to copyright its “Tresor” perfume as if it were a work of art, rather than patenting it as a product.
The fact that Dutch copyright law “is not easily applicable to smells doesn’t prevent … the maker of an original perfume from appealing to copyright to protect it from imitation,” the court said in a summary of its ruling.
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