M&C in the news: The big business of perfume dupes

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 the Financial 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.

With social media fuelling demand and retailers expanding their offerings, the discussion around fair use, trade marks, and trade secrets has never been more relevant. Marks & Clerk has a team of experts in trade mark and brand protection for the fashion and beauty industries who will be happy to advise you further in this space.  

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.

www.ft.com/...