X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The perfume industry is a wealthy and profitable one, generating an ever-increasing turnover worldwide. However, as do all successful industries, it attracts numerous counterfeiters and tempts indelicate competitors to copy successful perfumes. Although perfumes are expensive and sensitive products whose development requires time and sizeable investment, they are, unfortunately, hard to protect against unauthorized copies.

The protection of the name of a perfume and of the shape of its bottle is not problematic. Indeed, they are eligible for trademark and copyright (or design patent) protection without any particular difficulty. On the contrary, the protection of the fragrances themselves is more questionable and raises a lot of uncertainties, since intellectual property laws worldwide do not contain any specific provisions for the protection of fragrances. Consequently, it is necessary to rely upon the general provisions of the usual intellectual property rights (patent, trademark, copyright) in order to determine whether fragrances may be protected as such, or whether they may only be protected through the general rules of know-how and unfair competition.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.