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Brooklyn Journal of International Law
Geographical indications; Indigenous intellectual property; Guatemala; Mayan Weavers; Intellectual property laws; Indigenous law; Copyright; Trademark; Patent; Fashion Law; La Asociación de Mujeres para el; Desarrollo de Sacatepéquez; National Movement of Maya Weavers; Panama’s Law No. 20; Art Law; Law on Copyright
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Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa
Where In The World: Protecting Indigenous Textiles In Guatemala Through Geographical Indications, Lucie Couillard Sosa
Brooklyn Journal of International Law
There is a current movement by indigenous weavers in Guatemala to protect their textile designs due to the harm caused by the absence of the weavers’ intellectual property ownership over the designs and patterns. The exploitation and appropriation of their designs by domestic and international companies has hurt weavers’ livelihoods and has led to culturally inappropriate and insensitive uses of religious and traditional patterns. Conventional intellectual property law (copyright, trademark, and patent law) fails to protect indigenous peoples’ intellectual property rights. A key weakness within conventional intellectual property law is the emphasis and focus on individuality of the creation process. …