Smelling and tasting

To consider

“Smellable” creations such as perfumes and flavourful creations are not considered to be protected works – at least pursuant to Swiss copyright law. Smelling and tasting a work are not sufficient to make it perceptible. However, people who invent such creations are not entirely without protection if they identify their work with a brand name; the brand name itself can at least be protected pursuant to Swiss trademark law. However, copyright may in any case apply once more when the visual perception of such a creation takes centre stage, in particular a perfume bottle, the method of creating a dish (e.g. molecular cooking) or recipes. If these show sufficient creative effort and individuality, they must be considered protected works.