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Guardians of Tradition: A Qualitative Study

Ciara Beveridge

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Aspiring Fashion Labour Lawyer

Aspiring Fashion Labour Lawyer

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The study explores the intersection of intellectual property (IP) law, cultural appropriation, social identity, and intergenerational trauma through the lens of Mayan textile traditions in Guatemala. Recognising that the fashion industry frequently exploits Indigenous cultural heritage without consent or compensation, the research addresses the inadequacy of current IP frameworks in protecting collective Indigenous knowledge.

Using a qualitative methodology, the study involved semi-structured interviews with ten participants. The findings reveal a fundamental misalignment between Western IP law and Indigenous epistemologies. Lawyers criticised existing legal systems as structurally biased, economically inaccessible, and rooted in colonial ideologies that prioritise individual ownership. Weavers, in turn, described the psychological and cultural harm caused by the commodification of their sacred traditions, framing appropriation as a continuation of historical erasure and economic exploitation.

Both participant groups emphasised that IP law, as currently structured, fails to protect the communal and spiritual dimensions of Mayan textile heritage. Community members expressed a strong preference for community-led approaches such as oral traditions, ethical codes of conduct, and grassroots resistance as more meaningful methods of cultural preservation. The thesis calls for urgent legal reform to incorporate collective ownership, reduce procedural barriers, and centre Indigenous voices in policy design. By highlighting the lived experiences of Mayan communities and the insights of legal professionals, the project advocates for a decolonial reimagining of intellectual property frameworks that honour Indigenous identity, resilience, and self-determination.

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Guardians of Tradition: A Qualitative Study

The study explores the intersection of intellectual property (IP) law, cultural appropriation, social identity, and intergenerational trauma through the lens of Mayan textile traditions in Guatemala. Recognising that the fashion industry frequently exploits Indigenous cultural...

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