O uso de grafismos indígenas na indústria da moda: uma análise à luz dos direitos autorais e propriedade intelectual

Abstract

Intellectual property (IP) can be conceptualized as any form of original creation, resulting from human intellect, and can be classified as a work of art, in the area of literature, of a technical or scientific nature. As for intellectual property rights (IPR), these encompass the legal rights granted to those who invented or created a work, in any area, in order to ensure the protection of their invention or creation for a legally defined period of time. It is well established that IP plays a vital role in the modern economy. In this context, this study's central theme is the analysis of the protection of the indigenous population with regard to their copyright and intellectual property rights. To this end, a national and international review of the literature available in books, magazines and articles published in electronic databases was carried out, in order to collect data on the topic and proceed from its organized and clear grouping, developing a consultation base reliable information on that topic. Indigenous Cultural and Intellectual Property refers to the rights that indigenous people have, and wish to have, to protect their traditional arts and culture. Indigenous arts and cultural knowledge have been passed down in cultural practice (including ceremonies, national broadcasts,paintings, songs, dances, stories, etc.) for many generations. The commercialization of Indigenous Intellectual and Cultural Property has often been done without respect for indigenous cultures, without indigenous consent or legal authorization, and without sharing benefits with indigenous communities. This is leading to the gradual erosion of indigenous cultural heritage. Brazilian legislation points to efforts in this direction, however, what is evident is that there is still a lack of availability of bodies that can carry out broad inspection, identifying in which situations the use of indigenous cultural resources occurs as a way of obtaining profits for companies that they do not contribute to the protection of the rights and appreciation of the culture of these subjects