A apropriação de nomes étnicos indígenas como marcas comerciais

Abstract

The objective of this final course work is to analyze the administrative application of intellectual property rules related to the use of indigenous ethnic names as trademarks registered with the National Institute of Industrial Property (INPI). The research is based on the theoretical approach proposed by Manuela Carneiro da Cunha on the distinction between culture (without quotation marks) and “culture” (with quotation marks) to explore the relationship between traditional peoples and intellectual property. The empirical-qualitative methodology is used with a focus on the case study of the registration of ethnic names as trademarks. The analysis considers the demographic census provided by the Socio-Environmental Institute (ISA) and the administrative processes present in the INPI database. The research question that guides this study is: what data demonstrate, from the case study of administrative trademark processes granted by the INPI, evidence of misappropriation of ethnic names? Based on descriptive inferences about the empirical data, and in light of the theoretical framework presented, the conclusion is that, since there is no apparent relationship between the holders of the trademark applications and the indigenous peoples, there is evidence of misappropriation of ethnic names.