Resumen de Textile designs and handmade embroidery: Legal protection in Mexico
Claudia Leticia Preciado Ortiz
Handicrafts are a cultural emblem of a specific region and are rooted in the authentic traditional knowledge and regional customs that generate tangible and intangible rights and that must be protected legally in order to facilitate an egalitarian economic development. In particular, the beautiful and varied textile designs have been plagiarized by designers and international fashion brands, profiting from the cultural heritage of indigenous peoples. The article first shows the problem by showing several international cases of plagiarism in Mexican embroidery. Afterwards, an overview of the intellectual property legislation in Mexico is presented. As a result, it was found that although the current intellectual property system is not adequa-te to protect indigenous intellectual property in its entirety, it is a tool that allows them to protect part of their cultural heritage as much as possible through the figure of copyright, industrial designs, collective trademarks and appellations of origin. It is concluded that artisanal productions in the context of Intellectual Property is a scenario of opportunities for artisans and crafts associations in the country. However, much needs to be done in terms of legal protection to provide protection to artisan and creative producers in the totality of traditional knowledge and expressions in a way that promotes the cultural identity of the country from the perspective of protection and preservation.
