The controversy is served: On the one hand, a Ralph Lauren brand poncho is sold in a high-end department store in Mexico that reproduces the design of the typical serapes of the indigenous from the center and north of the country. Immediately, only on social networks, and without the intention of taking legal action, the Ministry of Culture accuses the firm of plagiarism, although it assures that the garment was previously withdrawn so that it would not be marketed.
Namely, In Mexico, a product was distributed for sale that is not authorized by the famous clothing companymeanwhile, asked about the possibility of a civil lawsuit for the brand to respond for plagiarism, a spokeswoman for the Ministry of Culture told HIGH LEVEL that this dependency does not take legal action, but only “letters of estrangement are sent”.
“We are surprised to learn that this product is being sold. When our team discovered months ago that this was in our product portfolio, we issued a stern directive to remove the article of all channels, ”argued this Friday Ralph Lauren’s corporate in a statement.
The firm adds that they are “conducting an urgent audit to determine how this item got onto a sales floor after that directive, and make sure it is removed immediately.”
The clothing brand assures that, since last June, it announced that its new collections with traditional motifs of indigenous designs will be created “under a model of credit and collaboration.” This is a pilot program, with prospects for future growth, called Artist in Residence.
“We are deepening our mandatory cultural awareness trainings and expanding our work with indigenous communities. We approach this trip with humility and, above all, with dignity and respect for the original communities.
“We are deeply sorry that this has happened and, as always, we are open to dialogue on how we can do better,” Ralph Lauren said apologetically.
However, both the brand, the department store, as well as the Mexican authorities, have a responsibility before the indigenous people whose designs were improperly reproduced, because there is an economic benefit that they will not receive.
HIGH LEVEL He also consulted the department store specializing in luxury brands, where the Ralph Lauren poncho is sold, although he declined to give an answer.
Unfortunately, the accusations of plagiarism in social networks, led by the Secretary of Culture, Alejandra Frausto, and by the wife of the Mexican president, Beatriz Gutiérrez Müller, are not reflected in Mexican laws, nor in any type of lawsuit against who appropriate designs that are considered cultural heritage of indigenous people in Mexico.
In this vein, Marisol Rueda, director of Information and Press of the Ministry of Culture, pointed out that the federal government does not take legal action in defense of the designs of the original peoples, because that agency “does not own the rights over the clothes, that action must be done (sic) the aggrieved community.”
That official position of the Secretary of the Mexican State in charge of culture in the country is not supported in legal terms, since the agency is legitimated to defend the cultural heritage of our country in court, in addition to the fact that currently, article 17 of the Federal Copyright Law establishes that the works protected by this rule must bear the expression “Reserved Rights”, or its abbreviation “DR”, followed by the symbol ©.
However, almost four years after the start of the current administration headed by President Andrés Manuel López Obrador, the Ministry of Culture has not been able to allocate resources so that, for example, the typical serapes of the communities of Contla, Tlaxcala, and from Saltillo, Coahuila, now reproduced in a Ralph Lauren poncho, are labeled in accordance with the Federal Copyright Law.
Although it is difficult for indigenous peoples to stamp these legends on their garments, especially if it is everyday clothing, in the case of those products that they themselves put on sale, such as the typical Saltillo serapes, yes, the inclusion of the warning about reserved rights would be feasible.
This would make it possible to formalize in fact the protection that original creations already have in law, regardless of the fact that the necessary changes to the regulations are kept in the freezer in Congress, which would also make it easier for indigenous communities, with the support and resources of the federal government, they can sue all those who copy and commercialize their designs.
In addition, the same article 17 of the Federal Copyright Law adds that the omission of the legends “Reserved Rights” or “DR” does not imply the loss of the rights of the creator, although in these cases if someone reproduces a work without If it exhibits these guidelines, it is the player, licensee or publisher, who must demonstrate that it has the consent of the creator.
The law for these issues is clear, it is only required for its application, and possible sanctions, political will and trained officials, because if a design of some indigenous people is reproduced in a garment of some clothing brand, it will be the consortium that must prove that you have the respective permission to reproduce the work, even if it does not bear the legend “DR”.
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Surya Palacios Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.