냄새 창작물의 지식재산권 보호를 위한 입법적 과제

This study aims to propose legislative improvements for the protection of olfactory creations, particularly fragrances, by conducting a comparative legal analysis of domestic and foreign systems. Unlike visual and auditory expressions, the sense of smell has been relatively neglected in the scope of legal protection, despite its significant role in shaping human memory and emotions and in contributing to product differentiation and brand competitiveness in industries such as cosmetics, food, healthcare, and spatial design. In Korea, although the 2012 amendment to the Trademark Act introduced the concept of scent marks, no registrations have been recorded to date, and there remain insufficient legal grounds for protection under copyright and patent law. To address this gap, the study examined legislative frameworks and case law from the United States, and the European Union, identifying key criteria and procedures for recognizing scents as intellectual property. The analysis revealed that overseas jurisdictions have expanded protection by clarifying distinctiveness and reproducibility requirements for scent marks and, in some cases, by relaxing the graphical representation requirement. Based on these findings, this study suggests three directions for domestic legislative reform: (1) clarifying the registration requirements and examination guidelines for scent marks under the Trademark Act, (2) exploring the feasibility of protecting sensory works under the Copyright Act, and (3) refining examination standards for fragrance compositions under the Patent Act. This research provides foundational insights for establishing a legal protection system for the fragrance industry and offers policy guidance for extending the scope of protection for non-traditional intellectual property rights in Korea.