A moda sob a perspectiva da propriedade intelectual: entre inspiração e reprodução: o caso Hermès X Village 284

Abstract

This study analyzes the application of Intellectual Property in the fashion industry, particularly regarding the distinction between legitimate inspiration and unlawful reproduction of stylistic creations, through the lens of the Hermès v. Village 284 case. It aims to investigate how Brazilian law responds to the need for protecting creative works in a sector driven by constant aesthetic reuse. The research follows a qualitative, exploratory, and descriptive approach, using the deductive method and based on bibliographic and documentary review, as well as case study analysis. It begins by framing fashion as a dynamic sociocultural phenomenon, examining its creative cycles and the conceptual differences between copying, inspiration, and counterfeiting. It then explores the structure of Intellectual Property law in Brazil, particularly under Laws nº. 9.610/98 and nº. 9.279/96, and how these legal tools are applied to fashion item protection. Finally, the study focuses on the Hermès v. Village 284 case, in which the French luxury brand sought to legally prevent the Brazilian company from marketing a canva bag inspired by the iconic Birkin bag. The results highlight the challenges in clearly defining the boundaries between creative reinterpretation and unlawful reproduction, especially in an industry built upon referencing and reinterpretation. The study concludes that although Brazilian legislation provides legal instruments for the protection of fashion designs, these tools are often inadequate given the industry's particularities. Thus, it calls for the development of clearer and more effective legal parameters capable of reconciling the protection of creators' rights with the inherently cyclical and inspirational nature of fashion