Can You Copyright A Scent? And Should You?

A luxury fragrance can take years to compose, yet a dupe that mimics its scent profile – and sells for a fraction of the price – can appear within weeks. It’s a phenomenon plaguing perfumers, whose largely intangible work is difficult to protect. 

Trailblazing master perfumer Francis Kurkdjian recognizes it all too well, leading Christian Dior Parfums as perfume creation director, and his eponymous Maison Francis Kurkdjian, home to Baccarat Rouge 540 – the modern king of fragrance dupes. “A formula of a scent cannot be patented,” he explains, “even...