How to protect the smell of perfumes under the intellectual property right in the Andean Community?

Abstract

In the last century, the fragrance industry has grown remarkably. Revenues in this industry today amount to billions of dollars worldwide. However, the protection of scents has not been the most effective internationally. That is why this article aims, on the one had to present a global overview of the legal developments in the protection under Intellectual Property Law and on the other hand, offer possible ways to protect of these works of the human mind. The article analyzes the possibility of giving protection to scents in the Andean Community through two schemes: the trademark law and copyright law. Patent law is excluded from analysis because the own characters of this regime make it impossible for odors to be protected.