Following a plagiarism incident involving Khairulaming’s Sambal Nyet, the influencer emphasizes the necessity of brand protection by registering their product trademark with MyIPO in November 2021. How do you think other influencers took that advice to safeguard their creations against unauthorized use?
It is worth noting that before seeking registration for your brand or creation with MyIPO, it’s imperative to understand the appropriate category of protection and ensure compliance with all prerequisites. Neglecting this crucial step could result in a situation akin to that of a certain influencer who erroneously believed she could claim ownership of an L-shaped shawl.
Content creator and entrepreneur Qisthena, renowned for her brand Qisthenadi, faced backlash after asserting in a now-deleted TikTok video that she had copyrighted the L-shaped shawl or hijab design, threatening legal action against similar products.
This declaration ignited outrage among netizens, who criticized her for attempting to claim exclusive rights to a shape that predates her brand. Many argued that the concept of the L-shaped shawl existed long before her brand’s inception, labelling her actions as selfish and misguided. Furthermore, several individuals pointed out the distinction between copyright and patent law, accusing her of spreading misinformation.
Several netizens and MyIPO have clarified the distinction between copyright and patent law, emphasizing that copyright protects artistic or intellectual works while patents safeguard inventions. Criticism arose as Qisthena’s assertion of copyright over the L-shaped shawl, a design predating her brand, was deemed inappropriate.
Since she did not invent the shawl, her application for copyright would likely be rejected. The backlash prompted the removal of the viral TikTok video, but Qisthena has not issued a statement to address the controversy surrounding her copyright claims.
