Dupes and Intellectual Property: The Fine Line Between Inspiration and Infringement

In the modern economy, innovation moves faster than ever before. Digital culture and aspirational consumption have created the phenomenon known as “dupes” — products inspired by premium originals that offer similar features at lower prices. While they may appear harmless, dupes raise critical legal and ethical questions. Where does inspiration end, and where does intellectual property infringement begin?

This market trend reflects a new consumer mindset seeking affordability without necessarily resorting to counterfeits. However, beneath this trend lies a complex legal landscape that business leaders cannot ignore. Understanding the limits of imitation and the scope of intellectual property rights is essential to safeguard a company’s brand and reputation.

Brazilian law protects creative works through the Copyright Act (Law 9.610/1998) and industrial property rights through the Industrial Property Law (Law 9.279/1996). These statutes, combined with consumer protection and unfair competition provisions, prohibit the exploitation of another’s reputation or the creation of confusion in the market. Trade dress, the overall visual identity of a product, is increasingly recognized as a protectable element, meaning that even visual imitation can lead to legal consequences.

Businesses dealing with dupes face not only the possibility of injunctions and damages but also reputational harm. Corporate compliance must therefore include thorough intellectual property audits, supplier verification, and licensing when needed. Prevention is the most efficient strategy, since legal disputes can last years and damage credibility.

More than a legal obligation, respect for intellectual property is a matter of strategic positioning. Differentiation through innovation is the key to sustainable growth. Companies that register their trademarks and designs, invest in creativity, and act ethically not only protect themselves but also strengthen the entire market ecosystem.

Dupes may be part of modern commerce, but handling them requires legal awareness and business prudence. Consulting specialized counsel before launching inspired products can transform potential risk into strategic innovation. Preventive legal advice, combined with ethical creativity, is the safest way to compete in an increasingly transparent and demanding market.