Propriedade intelectual no direito da moda: marcas do mercado nacional copiam, se inspiram ou apenas seguem tendências ditadas por marcas internacionais?

Abstract

This course conclusion work seeks to analyze Intellectual Property and its institutes in the fashion industry, examining forms of protection such as: trademark and patent registration and protection through industrial design. Additionally, it offers a study on the difference between plagiarism and inspiration, in addition to creating a paradox with piracy. Finishing with analysis of practical cases, involving allegations of copies and their respective sentences. The importance of this study is manifested in its ability to offer a new legal perspective focused on intellectual property, with an emphasis on creations in the fashion sector. When analyzing the difficulties imposed by the rapid change in trends and the loopholes that facilitate reproduction in the market, the urgency of continuous adaptation of design protection strategies becomes evident. Using the qualitative method, focusing on an in-depth analysis of intellectual property practices in the fashion sector. To achieve this, a combination of bibliographical research and case analysis is used, aiming to understand the complexities involved in the dynamics of copying, inspiration and adaptation of trends in the Brazilian fashion market.