Analysis of the Possibility of Copyright Protection for Perfume Odors

• Main Authors: Chia-Hsun Li, 李佳珣
• Other Authors: Shun-Liang Hsu
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/68403292493098889329

碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 102 === The purpose of copyright is “originality”, in other words, to protect independent creations; in addition to the traditional visual and auditory works, another works, if originality, should also be protected. Perfume creation requires the skill and devotion of a professionally trained perfumer along with their experience, keen sense of smell and memory; with further ingenuity and creativity to convey the idea of the message within the scent. Modulating a bottle of perfume is not simply a practice of technology, instead, it is highly creative and energy consuming work of art. However, such works of non-traditional perception has long been ignored. Compared to works of senses, such as smell, taste, and touch, traditional works such as literature, performing art, or visual arts are more specific, and people may easily understand and accept the reason why traditional works are protected by copyright. With the development of the modern society, diversity in creation with various types of arts; as such, whether the creative and intellectual work such as the scent of perfume, should be included in the scope of copyright, is an interesting question. Moreover, our intellectual property laws also listed perfume under their protection, such as trademark, package, and so on. But the protection is limited to the outside of perfume, the scents, however, the essence, is not protected. Currently, Trademark Law is open to applications of scents, however, the legislative purpose and the protecting interests of Trademark Law and Copyright Law is different, the protection does not mutually exclusive; so while the scents of perfume may be register as trademark, the copyright protection should not refuse such applicant.