Essences of Ownership- The Copyrightability and Intellectual Property Issues Surrounding Fragrances

Abstract

There is a certain discord regarding the copyrightability of fragrances in India. Various arguments defy the contentions that are for and against the very premise of fragrances falling under the ambit of Intellectual Property. This manuscript would include the aspects that are at stake in dialogue whenever the difference with respect to the plight of fragrances falling under the aegis of copyright is discussed. The topic is controversial and brings in different postulations. A comparison is drawn with regard to the plight of copyrightability in various countries. The essentiality of fragrances is also put forward. The very premise of fragrances is compared to other identical commodities, and the future prospects regarding bringing fragrances under the ambit of Intellectual Property are discussed. Also, the advent of not being able to copyright generic scents is a foundation of contrivances blessed by nature. Fragrances can be subject to duplication because of the commonality of certain fragrances, and the very aspect of differentiation is hard to scale and define; however, it is high time that a probable solution is garnered.