Cultural appropriation has sparked controversy across multiple industries, particularly in fashion, where major brands use symbols, patterns, and elements from indigenous or minority communities without their consent. This practice involves the commercial exploitation of a community’s cultural elements without providing recognition or financial compensation to the original culture. While cultural appropriation can sometimes be framed as a form of homage, it often carries deep economic and symbolic implications.

From a legal perspective, industrial property provides certain tools to protect aspects of cultural heritage. Trademarks, industrial designs, and geographical indications can be used to safeguard tangible cultural products. However, these protections are limited when it comes to intangible cultural expressions, such as music, art, and rituals, which do not always fit within the traditional definitions of industrial property.

The main challenge lies in the power imbalance between the communities that are the guardians of these cultural elements and the brands or companies that benefit from them. Many of these communities lack the resources or knowledge to enforce their rights and protect their heritage, leaving them vulnerable to exploitation.

At the international level, the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage (2003) attempts to address this issue by seeking to protect traditions and cultural expressions. However, the lack of a specific legal framework for cultural appropriation leaves gaps that allow major brands to profit from these elements without compensating the communities.

In Mexico, the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities is an example of legislative efforts to protect the cultural heritage of indigenous and Afro-Mexican communities. This law prohibits the unauthorized use of emblems and traditional cultural expressions and establishes sanctions for those who violate these provisions. However, the challenge remains in effectively implementing these laws and ensuring that communities have access to legal mechanisms.

An important aspect to consider is the role that brands and designers play in appropriating these elements. While many argue that their intention is to honor these cultures, the lack of fair compensation and commercial use without recognition raises ethical concerns. Brands should adopt more respectful approaches, such as collaborating with communities or providing fair economic compensation to avoid engaging in cultural appropriation.

Finally, it is crucial to strike a balance between protecting minority cultures and allowing creative freedom in the commercial sphere. This involves respecting the rights of communities over their creations while fostering innovation and creativity in advertising and design. Education and awareness about the importance of respecting cultural heritage are key to avoiding exploitation and ensuring that all parties benefit fairly.