World Intellectual Property Organization  Copyright in the
Courts: Perfume as Artistic Expression?  September 2006
Lancôme’s publicity describes their Trésor fragrance as
Lancôme’s publicity describes their Trésor fragrance as
"bringing together the essence of love with a hint of laughter."
(Courtesy of Lancôme)  By Professor Kamiel Koelman  In a
landmark case in June, the Dutch High Court ruled that the smell
of a perfume may, in principle, be copyrightable.  The following
account of the case and its possible implications was written
for WIPO Magazine by Kamiel Koelman, associate professor at the
Vrije Universiteit in Amsterdam, Holland. Professor Koelman, an
expert in the intersection between technology and IP law, sits
on the board of editors of the main Dutch law journals on
copyright and computer law.  Disputed treasures  The French
cosmetics company, Lancôme, sells an exclusive perfume under the
name Trésor (Treasure). Kecofa, a small Dutch firm, sells its
Female Treasure perfume at a tenth of the pric