Particularities of Protection of Intellectual Property Rights in The Perfume Industry

The ambiguity in resolving the issue of classifying a fragrance as a specific object of intellectual property law, as well as not taking into account the specifics of the perfume industry in Russian legislation and jurisprudence, has led to a vulnerable position for manufacturers in this industry. This threatens to minimize creativity in perfumery, fill the market with the same type of goods, and complicate the development of perfume art and the perfume industry. The work explores various legal means of protecting intellectual property. The results of the analysis of foreign judicial practice demonstrate a tendency towards the formation of the concept of copyright protection of fragrance. Recent advances in artificial intelligence and gas chromatography-mass spectrometry technologies have also challenged the efforts of perfume manufacturers to ensure the exclusivity of their intellectual property. In this regard, it is concluded that it is necessary to modernize the means of protecting intellectual property in the perfume industry. In particular, it is important to recognize that original fragrances are object of copyright law, and unfair reproduction of the fragrance is a violation of the exclusive rights.