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https://www.basenotes.net/threads/465366-Copyright-in-the-Courts-Perfume-as-Artistic-Expression
May 08, 2019 · Copyright in the Courts: Perfume as Artistic Expression? Interesting angle on Copyright from the the Dutch High Court and conversely "The French court likened parfumeurs to mere craftsmen, like carpenters or plumbers, rather than artists, and as such found their works not eligible for copyright protection."
https://www.lawthinkers.com/perfume-and-its-copyright-protection/
The Court simply then focused on the open-ended requirements for protection: like any other perceptible expression, if a smell is original it could in principle be copyrightable. The originality requirement means that a perfume that exactly replicates, say, the smell of roses, cannot be protected – just as an accurate 3D scale model of the Matterhorn mountain would be denied protection.
https://www.bakerlaw.com/files/Uploads/Documents/News/Articles/INTELLECTUAL%20PROPERTY/Einhorn_&_Portnoy_IP_Today_4-1-10.pdf
French courts had ruled that perfume should be eligible for copyright protection. In 1999 the French tribunal de commerce ruled that the perfume Angel by thierry Mugler was not merely the product of technical skill but an original work eligible for copyright protection.11 the tribunal de commerce noted that Angel brought unique
https://www.academia.edu/33412122/Should_the_fragrance_be_copyrightable
The Dutch High Court ruled that the perfume is copyrightable which can be called a landmark in copyright case. The Dutch High Court judged that the smell of the perfume can fulfill the requirement of copyright protection in Dutch Copyright Act, which is that anything can qualify for protection as long as 1 it is perceptible and original.
http://copyrightblog.kluweriplaw.com/2014/02/17/france-no-copyright-protection-for-perfume/
Feb 17, 2014 · In 2006, in the land of the world’s finest perfumes and fragrances, the French Supreme Court nevertheless ruled that ‘the fragrance of a perfume, which results from the simple implementation of a skill’ may not benefit from the protection of copyright ( Supreme Court, 13 June 2006, 02-44718 ). Despite resistance from certain lower courts and much harsh criticism stating that the creator makes …
https://www.business-standard.com/article/economy-policy/taste-of-cheese-cannot-be-copyrighted-but-perfume-can-be-say-eu-courts-118111800129_1.html
Taste, the court ruled, is “an idea”, rather than an “expression of an original intellectual creation”. And therefore something that cannot be defined “precisely”, hence cannot be copyrighted. Levola Hengelo, a Dutch food producer, had earlier this year sued Smilde Foods, another Dutch manufacturer, for infringing its copyright over ...
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