🧕✨ Hijab Meets Innovation: How the Bokitta Case Changed Fashion Law in Malaysia

In a landmark ruling that turned heads in both the legal ⚖️ and fashion 👒 communities, the Malaysian courts recently handed down a powerful decision in favor of innovation, originality, and intellectual property. The case? Mohammad Mubde Absi & Ors (Bokitta Hijab) v Hyat Collections Sdn Bhd. 


 🧵 The Story Behind the Scarf 

Bokitta Hijab is a patented fashion brand founded in Beirut, Lebanon, in 2010 by Mubde Absi and co-owners Mohammad Mubde Absi, Hala Absi, Mona Absi, and Nadra Absi. The brand specializes in an innovative, instant, pinless, ready-to-wear hijab designed to simplify and modernize the hijab-wearing experience for Muslim women.


Co-founder of Bokitta Hijab,
 Hala Absi

Bokitta Hijab's Instagram Account









Their patented design (Malaysian Patent No. MY-153705-A) was more than a trend—it was a practical solution. The Bokitta Hijab came pre-wrapped and kept its shape, making it a game-changer for everyday wear.

🚨 When Innovation Meets Imitation

But success attracts attention—and not always the good kind.

The team soon discovered that Hyat Collections Sdn Bhd, a local textile company, was selling a suspiciously similar product under the name Hyat Hijab. After reports from their distributors and a few covert "trap purchases," the truth unraveled: Hyat Hijabs were mimicking the Bokitta design and undercutting them with lower prices. Thus leading a legal face-off between them.



Hyat Collection's Website and Instagram Account

⚖️ The Courtroom Clash

Bokitta Hijab sued for patent infringement. In response, the defendants tried to invalidate the patent, claiming the Bokitta Hijab wasn’t novel or inventive.

But the court saw things differently.

In a groundbreaking interpretation of Malaysia’s Patents Act 1983, the court ruled that the Bokitta Hijab was a legitimate invention. Fashion, it reasoned, can be “technology” when it solves practical problems.

With strong commercial success, expert testimony, and no identical prior art, the court sided with the Bokitta Hijab.

💬 Why It Matters

This case sets a bold precedent: fashion designs that offer real innovation can be protected under patent law.

For designers, creators, and entrepreneurs across Malaysia, it’s a reminder that your ideas matter—and they’re worth protecting. It also delivers a strong message against knock-offs and copycats in the creative space.

In an industry where fast fashion often walks a fine line between inspiration and imitation, the Bokitta Hijab case is a stylish win for innovation, justice, and authenticity.


by
Hannani Syahirah bt Umar Sharif (1211103295)
Sources:









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