On 5/16/2012 8:37 PM, John Bottoms wrote:
> /1. No Party may require, as a condition of registration, that a sign be
> visually perceptible,
> nor may a Party deny registration of a trademark solely on the grounds
> that the sign of which it is
> composed is a sound or a scent."
> /
> A "scent". Does that mean what I think it means?
> Is that working appropriately correct? (01)
I think it's stupid. The only people who would gain any benefit
from such a law are the lawyers. (02)
The sensory and neural mechanisms for detecting scents are very
different from those for sights and sounds. In the brain, there
are "projection areas" in the cerebral cortex for sight, sound,
and touch. Input from those senses can be analyzed, interpreted,
and expressed in language. (03)
But odor is a much more primitive sense that can stimulate emotion
without any interpretation by the cerebral cortex. Wine experts
use lots of impressionistic terms about scents. But there is no
way that one wine expert can reliably connect some other expert's
description to a particular wine. (04)
> What is the basis for the identification of a scent? (05)
Comparison with samples. There are experts in the industries for
perfume, wine, and food flavors. But even the experts can be wrong,
and there are no reliable objective measures. (06)
> Should there be a universal scent repository, ontology schema or
> SCENT_UI so that everyone knows to which scent a statement refers? (07)
There are some scents that can be easily reproduced and detected.
One example is isoamyl acetate (AKA banana oil), which is used to
flavor those candies that look like peanuts, but taste like bananas. (08)
But the scents for perfumes, wines, and food are extremely complex,
and they can sometimes be approximately duplicated by different
mixtures of chemicals that can even confuse the experts. (09)
John (010)
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