Abstract

VARGAS-CHAVES, IVÁN; FUENTES-MANCIPE, MONICA MARÍA  and  PIRACOCA-CHAVES, DIEGO. Traditional Knowledge, Intellectual Property and Fashion: A Vision from Equitable Benefit-Sharing. Estud. Socio-Juríd [online]. 2021, vol.23, n.2, pp.35-60.  Epub July 14, 2022. ISSN 0124-0579.  https://doi.org/10.12804/revistas.urosario.edu.co/sociojuridicos/a.9582.

This paper studies traditional knowledge as a key element of the identity, territory, and worldview of indigenous peoples. The authors study the unfair practices of the fashion industry to show that there is a lack of protection of the rights and interests of communities in this area. The methodology applied was analytical, from a deductive and systematic interpretative perspective, which allowed the authors to present their reflections in an interdisciplinary context, from the study of various specialized sources. After describing all these problems, the article proposes, as results, to resize equitable benefit-sharing from the fair trade and the right to prior consultation from constitutional law.

Keywords : Fair trade; fashion industry; prior consultation; rights of indigenous peoples; traditional knowledge.

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