Análise da possibilidade de proteção legal da criação de moda a partir do registro de desenho industrial

• Autor(a) principal: Oliveira, Thainá de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15454
• topic: Direito da Moda; Fashion Law; Desenho Industrial

OBJECTIVE: This work aims to analyze the possibility of legal protection of fashion creations based on the registration of industrial design. METHOD: Exploratory research was used in terms of level; as for the approach, qualitative research; and with regard to the procedure for data collection, documentary research and bibliographic research were used. RESULTS: It was observed that Intellectual Property is divided into two major groups: Copyright and Industrial Property, the latter being subdivided into: Patents, Trademarks, Industrial Design and Geographical Indication. Copyright aims to protect aesthetic and literary works by removing objects that have a utilitarian function, the Patent Registry aims to protect the creations of utility models (functional improvement of use or manufacture of an existing product) and creation patent ( unprecedented solution to a problem). Trademark registration aims to distinguish products or services provided by a company. The Industrial Design gives the holder the ownership of the creation, with the benefit of exclusive exploitation, being able to receive financial assets from the assignment of its rights and the indemnity for the improper use. The Geographical Indication, on the other hand, aims to protect products or services that have a differential by their place of origin. CONCLUSION: Regarding fashion creations, it was found that: Copyright, although it is not used to protect objects with utilitarian purposes, many pieces can remove their utilitarian character and start to appear adornments, subject to protection. Patents are more widely used by the Textile Industry, in the protection of new materials and production techniques. Protection by trademark registration is possible when the object is intrinsically linked to the brand name, so that it attracts the consumer's attention by the producing company instead of the aesthetics of the product. The Geographical Indication, as well as the Patent, is used mainly by the Textile Industry, in the protection of local specific raw material with exclusive climatic characteristics or industrial know-how. Industrial Design is the institute that has the widest range of application, because, unlike the previous ones, it considers as protection object those that have a visibly unique aesthetic arrangement, which allows the consumer to differentiate it from other products in the same category. It is then necessary to verify the company's need and the objective it intends with the protection, questioning the longevity that it deems necessary and the social prestige attributed to the object.