O uso da proteção do desenho industrial como forma de apropriação dos grafismos indígenas Wajãpi

Wajãpi body painting was recognized as an intangible heritage of Brazil. This recognition aims, in a way, to protect this traditional knowledge. However, there are limitations so that this consecration as intangible heritage guarantees an effective way to avoid expropriation of these graphics. Thus, there are debates about the use of intellectual property rights as a way of protecting traditional knowledge. In this line, this article aims to discuss the use of industrial design, one of the industrial property rights, as a way of protecting the Wajãpi graphics. The applied methodology is based on the deductive method, through the evaluation of the relevant literature to the proposed object. It is concluded that the industrial design rights are inapplicable for the protection of Wajãpi painting.