Ever since someone was called out for copying Khairulaming’s famous Sambal Nyet, more people have become aware of what to do to protect their brand. The influencer has since addressed the issue saying that his product has been registered as a trademark with MyIPO and was approved in November 2021.
Before you apply to register your brand or creation with MyIPO, it’s important to know which category of protection you should apply for and if you have met the necessary requirements. Otherwise, you’d end up like this particular influencer who thought she could earn the rights to an L-shaped shawl.
Content creator and entrepreneur Qisthena is known for her brand Qisthenadi and one of her popular products is her Seri Squareshawl. In a now-deleted TikTok video, the businesswoman claimed that she has copyrighted the L-shaped shawl or hijab design and stated she’ll be taking legal action against other business owners who produce the same shape.
This then sparked outrage among netizens who called her selfish for copyrighting a shape. Many commented that the L-shaped shawl existed long before she even came up with her own fashion brand so it would be unreasonable and illogical for her to earn rights to a specific shape. Others called her out for spreading misinformation, claiming that the public figure is mistaking copyright with patent.
According to several comments by netizens as well as MyIPO, copyright is to protect artistic, literary, or intellectually created works whereas a patent is an exclusive right granted for an invention which can give a fresh approach to a problem or a new technical solution. It is said that if Qisthena wanted to protect her own original invention then it should fall under patent but since she is technically not the creator of the L-shaped shawl, her application to earn the rights would be rejected.
As mentioned, the viral video has since been deleted from her TikTok channel, most likely due to the overwhelming backlash she received from netizens. However, Qisthena has yet to issue a statement to properly address her copyright claims.
Watch the reposted video below:
bukak2 tiktok terus keluar, dah delete btw utk sape yg nk tgk https://t.co/G9YmVJPB7a pic.twitter.com/MLuVkShkVD
— multistan ★☆★☆★ (@linobunnyteeth) February 27, 2024
