Smell rights are claims of ownership to particular smells. These rights can include copyright or non-conventional trademark.
In France, the scent of a perfume is not eligible for copyright. [1]
In 2006, a Dutch court ruled that a perfume could have a copyright. [2] [3] [4] The case was a claim of French cosmetics company, Lancôme, on the property of the scent of its perfume Trésor against the version of such fragance done by the Dutch firm Kecofa. [2] The Dutch High court granted the protection given that scent as long as it is perceptible and original. [2]
Legal commentators have described possible systems for trademarking scents. [5] WIPO has collected information on the use of registration of the such called "Olfactory marks" as a tendency among national offices of trademark. [6]
In the United States, Hasbro has a trademark for the smell of Play-Doh. [7]
