O direito está na moda: uma análise dos reflexos da propriedade industrial e da sustentabilidade na indústria da moda

Abstract

Fashion is currently the third most polluting industry in the world and also one of the most profitable. Fashion, in general, is associated with superficiality and also with glamour, fantasy, luxury and, eventually, creativity. In this sense, intellectual property assumes great importance, and it is necessary to identify which would be the most appropriate instruments to protect the fashion industry, due to the absence of its own legal system. This study will deal primarily with relevant aspects of industrial property connected to the fashion industry, in addition to strengthening the relationship between fashion and sustainability, so that it is possible to analyze whether this important industry is aligned with the multidimensional concept of sustainability, seeking to assimilate the criteria of analysis of the Transparency Index of Moda Brasil and ABVTEX, in the multidimensional perspective of sustainability. In this way, the research questions whether the analysis criteria of the reports of the Transparency Index of Fashion Brazil and ABVTEX are aligned with the multidimensions of sustainability (environmental, economic, social, ethical and legal-political)? Based on the reports, is it possible to identify a concern of the brands, as an institute for the protection of industrial property, with regard to sustainability biases? The objective is to analyze whether the analysis criteria of the reports of the Transparency Index of Fashion Brazil and ABVTEX are aligned with the multidimensional concept of sustainability and, based on the mentioned reports, to verify if it is possible to identify a concern of the brands, as an institute of protection of industrial property, with regard to the biases of sustainability. This study will be made possible by the basic theory of the Post-Modern epistemological matrix of Zygmunt Bauman and Gilles Lipovetsky, with the use of the deductive approach method and the monographic procedure method. It was concluded, therefore, that the criteria for analyzing the reports are in line with the multifaceted concept of sustainability. In addition, based on the analyzed reports, it is possible to identify a concern of some brands in adapting to sustainability biases.