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The Studies On Copyright Protection For Perfume Scent

Posted on:2017-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiangFull Text:PDF
GTID:2346330503990370Subject:Law
Abstract/Summary:PDF Full Text Request
Copyright law Protected visual works, audio works but does not protect the scent. In the copyright infringement case of France Lanc(?)me perfume vs KECOFA perfume of Netherlands, the Dutch Supreme Court groundbreaking affirmed the fact that perfume scent can be protected under copyright laws. While theorists had done few studies on the issue, therefore the issues of copyright protection for smell in intellectual property law is still an undeveloped area. Cases occur in practice show clearly the core of this problem. Due to the nature that the waft smell is unstable and unique from sense of perception, perfume scent lack of fixity of elements, which is the requirement of work in copyright law, therefore scent has long been denied to belong to the field of copyright subject matter. This article aims to discuss copyright eligibility of perfume scent with requirement of copyright as the starting point of this issue. In addition to introduction and conclusion, the article is divided into four chapters:To define the scope of the study, the first chapter introduces the concept of the perfume and the related concept. Then summarize the jurisprudence of Lanc?me cases and ascertain the focus of controversy.The second chapter is the core of the article, which is mainly from the constitutive requirements of works of art as the standard to analyses the expansion of the legislative copyright object. Perfume scent work’s pattern of manifestation as well as carrier, fixity and duplicability of work of art, odor originality as aparticular work form. Finally draw a conclusion that perfume odor has been proved to have the nature of work in copyright law.The third chapter further discusses the necessity of perfume scent copyright problems at the basic of results of the previous chapter. Through analyzing the current development of the perfume industry and the need with the trends for innovation in this industry and combining with the status quo of intellectual property protection., this chapter conclude that perfume industry need innovation incentives of copyright law. Also this chapter analyzed the reasons of long-term absence of copyright protection in perfume area.The fourth chapter analyzed the fact that odor itself is not belong to the object of trademark and patent law. This chapter also questioned existence of foundation for the use of trade secret mode to protect perfume formulations because of development of reverse engineering technology.The fifth chapter creatively analyzed the copyright protection model and type for perfume works.
Keywords/Search Tags:Perfume scent, Work of art, Copyright law, Constitutive requirements, Lanc(?)me case
PDF Full Text Request
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