Copyright Protection? Not For Perfume!

On December 10, 2013, the Court of Cassation, the highest court in the French judiciary, confirmed the first judgment of the Court of Appeal of Nancy and its constant jurisprudence since 2006 that perfume is not eligible to be protected under copyright law. The case involved L’Oréal suing a company that made and sold products replicating those of its perfume division, Lancôme. While Lancôme offers Trésor, the rival launches La Valeur and so on. The case centered on the perfume, but the other elements of the products–trademark and packaging–were also touched upon.

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In the decision, the court explained that “a form that can be perceived by the senses” (the olfactory sense in this instance) can only be protected as far as it is identifiable with enough precision to be communicated.  It follows then that fragrance, which elaboration process  is not a work of intellect, but rather of technical know-how, doesn’t have a form with these characteristics (identifiable, precise, communicable), and thus cannot benefit from copyright protection. In other words, fragrance is too subjective to be clearly defined.

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Vero Profumo Les Voiles d’Extrait : Mito and Rubj Perfume Reviews

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Although I make accords of various materials as part of my work, they’re not what I would call “perfume.” Most of them are meant to explore combinations of specific ingredients or to showcase a raw material. Even so, I often return to some of my favorites well after the project is over to add a little touch here or there. Imagine how much more tempting it must be for a perfumer to revisit her creations down the line, but also more frustrating, since loyal clients don’t want their fragrances to change.

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For indie perfumer Vero Kern the solution was to present Rubj, Mito, Kiki and Onda, the quartet that makes up her Vero Profumo collection, as three different concentrations–Eau de Parfum, Extrait de Parfum, and now Voile d’Extrait. As I quickly discovered, they could easily be different perfumes, and so I’ve waited with anticipation for Les Voiles d’Extrait.

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Rare Perfumes by Sabine Chabbert and Laurence Férat : New Perfume Book

Rare Perfumes (Parfums Rares in its French edition) is a new book that takes a close look at the niche/artisanal fragrance movement. Written by Sabine Chabbert and Laurence Férat, it starts its journey in the 1980s and encompasses a wide range of lines, from L’Artisan Parfumeur and Annick Goutal to État libre d’Orange and Comme des Garçons. In the words of perfumer Patricia de Nicolaï, “Rare Perfumes underlines a major breakthrough for our profession: the arrival for more than 20 years of several brands having all the desire to create differently. This other perfumery shakes up a market dominated by big international groups and it is the best thing that could ever happen to the perfume industry!”

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The book features 152 pages and more than 300 photos (take a look inside). The publication date is March 2014, but it’s currently available in both French and English at the Osmothèque website. Via press release

Price: 39 €
ISBN 13: 9782909953182
Diffusion Puf – Distribution : UD

Roger & Gallet Eau de The Vert : Fragrance Review

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There are perfume novels and perfume short stories. Guerlain Mitsouko will take you on a long journey with many subplots and supporting characters, while Estée Lauder White Linen will reveal it all within the first few musk and rose lines of its composition. But what if you want something even more succinct for days when you crave an effortless, pleasant scented accompaniment? On such occasions, Roger & Gallet Thé Vert comes in handy.

Roger-Gallet-Green-Tea-The-VertThé Vert is a citrusy green tea  cologne. If you take a cup of green tea and dilute it with lemon juice, you’ll get something close to this Roger & Gallet number. It starts out tart and sharp, but the musk makes it sweeter as it dries down. A posy of white flowers softens the lemon, and the rest of the story doesn’t change much until Thé Vert fades. It’s not even a full story; it’s more like a Facebook status update. 

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Perfumers on Perfume : Vincent Roubert

My fascination with vintage perfumes owes a lot to Coty L’Aimant and Jacques Fath Iris Gris, fragrances created by Vincent Roubert. I stumbled across L’Aimant at a second-hand clothing store, where its red box sat among the bins of faux pearls from the ’60s and “genuine nylon” shirts from the ’70s. I had no idea that this perfume was launched in 1927 or that it was Coty’s answer to the smashing success of Chanel No. 5. I simply enjoyed its powdery, sweet scent that was completely unlike any of the fragrances I smelled at department stores. It gave me an escape from my routine on par with favorite books and The Classic Movie Channel.

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Iris Gris, on the other hand, was a special quest. By then, I already knew that Roubert was a talented but not a prolific perfumer and that he crafted a legend by blending the cool, earthy iris essence with the luscious sweetness of peach skin. I searched high and low, and when I finally found a bottle of Iris Gris, the remaining perfume smelled of tobacco and sour wine. It was too old. My encounter with Iris Gris–pristine, stunning–took place years later, and I still have a blotter perfumed with iris and peaches.

So who was Roubert? What inspired him? In partnership with the Osmothèque, I offer you an excerpt from The Perfume of Memories, a 1947 magazine article by Vincent Roubert. The Osmothèque has all of the perfumes he mentions in his piece: Caron Fleurs de Rocaille, Chanel No. 5, Coty À Suma, Coty L’Aimant, Coty Muse, Guerlain Jicky, Guerlain L’Heure Bleue, Houbigant Cœur de Jeannette, Houbigant Demi-Jour, Houbigant Quelques Fleurs, and Lanvin Arpège. Iris Gris is still awaiting its hour.

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