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The rise of fragrance dupes continues to make waves in the beauty industry, sparking debates on innovation, accessibility and intellectual property (IP) rights.
The rise of fragrance dupes continues to make waves in the
beauty industry, sparking debates on innovation, accessibility and
intellectual property (IP) rights. This week, Marks &
Clerk's Julie Canet shared
her expert insights on this hot topic with theFinancial
Times, breaking down the legal complexities and implications
of this rapidly growing trend.
As Julie explains, the world of perfumery presents unique
challenges when it comes to IP protection. Unlike trademarks or
patents, fragrance compositions themselves are not easily
safeguarded under traditional IP laws. This leaves luxury brands
navigating a complex landscape as affordable
"inspired-by" scents gain popularity.
Unlike companies selling counterfeits, businesses specialising
in homage fragrances are legally legitimate. "Perfume is
sometimes compared to food or recipes because it's something
that is not straightforward to protect," explains Julie Canet,
associate at intellectual property company Marks & Clerk.
Brands can trademark their name and the overall look of the
product, but the fragrance itself qualifies neither as an
invention, which would allow it to be patented, nor as a work of
art, which falls under copyright law. "Brands can keep the
recipe of their fragrances secret, but if someone independently
finds a similar scent, you can't do anything," continues
Canet.
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