Upin, Ipin, and the Case of the Counterfeit T-Shirts

    Original creations in the animation industry are often exploited without permission, from pirated content to unlicensed merchandise, yet many cases go unnoticed or unpunished. In Malaysia, this issue came into sharper focus when a popular local brand found its characters at the center of a rare copyright enforcement case. 

Source: Les' Copaque 

    In 2011, popular local cartoon Upin & Ipin became the center of a landmark copyright infringement case in Malaysia when a company was caught selling T-shirts printed with the characters without permission from the creators, Les’ Copaque Production. The two iconic animated characters were found printed on 150 unlicensed T-shirts sold by a company called Fook Tai Sdn. Bhd.. The use was completely unauthorized—no agreement, no royalties, no acknowledgment. It was a clear case of copyright violation, especially as the characters were being used for commercial gain.


⚖️ Legal Action

    The case was brought to the Sessions Court in Kuala Lumpur under the Copyright Act 1987, and was found to have violated Section 41(1)(d) of the Act, which prohibits the sale or distribution of infringing copies of copyrighted works. 

    This ruled in favor of Les’ Copaque and imposed a hefty fine of RM300,000; equivalent to RM2,000 per infringing T-shirt on the company and its director, Yap Kien Sing. Failure to pay could result in jail time. This case marks the first time Malaysian courts enforced copyright laws in favor of animated character merchandising rights. Before, such infringements were often ignored or settled quietly. 


📌 Why It Matters

  1. Expands Copyright Protection Scope
    The case confirmed that animated characters are protected beyond screen use—extending to T-shirts, merchandise, toys, etc.

  2. Sets a Legal Precedent
    It created a clear precedent for animation studios in Malaysia to take action against unlicensed merchandisers.

  3. Boosted IP Awareness
    Many local animation producers (especially smaller ones) became more proactive about registering their copyrights and trademarks after this.

  4. Consumer Education
    The media coverage helped educate consumers that buying unofficial merchandise contributes to copyright violation.


💡 A Lesson for Creators

For content creators, this case is a reminder of the importance of:

  • Registering copyrights and trademarks early

  • Monitoring how your IP is used in the market

  • Being ready to act when infringement occurs

It’s also a valuable lesson for small businesses and fans alike: supporting original work doesn’t just mean watching the show but also respecting the rights behind it.


By Wan Mawaddah Rahmat 1211103164


Sources;

  1. https://www.cinema.com.my/articles/news_details.aspx?search=2011.n_ilegalshirts_5835
  2. https://www.mstar.com.my/lokal/semasa/2011/08/25/syarikat-pemborong-pakaian-didenda-miliki-salinan-pakaian-kartun-upin--ipin?utm_source=chatgpt.com

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