MITI controversy rekindles industry calls for stronger IP protections

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The Malaysian ministry of investment, trade and industry (MITI) recently initiated an investigation over a social media post which claimed that the ministry did not compensate or credit a creative agency for its concept of the Malaysian Pavilion for Expo 2025 at Osaka.

The claims were made by Fey Ilyas of creative consultancy firm Current Media Group, on Instagram, under his handle @feythehuman. The main title of the post read: "The Malaysia Pavilion for Expo 2025 Osaka is built on stolen creative work", with the subline "our proposal was appropriated by MITI Malaysia without acknowledgement or compensation". Fey said in the captions, that his team had stayed silent and patient for over two years.

Don't miss: MITI launches investigation after stolen work accusation for World Expo 2025 pavilion

Following the news, Fey Ilyas told A+M that he has yet to be contacted by the ministry, after they began their probe. "Like everyone else, I only learned about the investigation through the media," he said.

For Fey, the decision to speak out was not taken lightly. "Silence is a form of permission, and I could not give it. I felt a responsibility to push back, not just for ourselves, but for everyone who faces the same struggles and feels they have no voice," said Fey adding that:

This was never just about recognition or compensation. It was about dignity.

"The simple human need to know that what you create. The hours, the attention, the care you pour into something, is seen and treated with respect," he added. Fey shared that a suitable response from MITI, would be recognition of the work that was done, and a willingness to set things right.

MITI declined to comment.

A system in need of a tune-up

Fey's Instagram post outlining the alleged appropriation has since gone viral, sparking a wave of solidarity among creatives, agencies, and industry leaders, who view the case as symptomatic of a deeper, longstanding issue: the undervaluing and exploitation of intellectual property, particularly in dealings with government bodies.

Industry veterans have weighed in on the controversy, calling for systemic reform and expressing frustration over ambiguous tender processes, the lack of respect for creative work, and inadequate protections for agencies, especially when dealing with public sector clients.

Speaking to A+M, Malaysia Advertisers Association (MAA) president Claudian Navin Stanislaus said that idea theft is a "sad certainty" many agencies face, often quietly enduring the indignity out of fear of blacklisting.

"Agencies are caught in a grim paradox. Damned if you do, damned if you don’t. The real tragedy isn’t the immediate injustice; but the message it sends. It punishes innovation, as those who create are often outbid by those who are permitted to borrow. It’s why some choose to simply refrain from participating," said Stanislaus.

However, he commended MITI for deciding to acknowledge the situation in its media statement, saying that:

Ideally, no agency should ever have to second-guess whether their ideas are safe at the point of submission. Just as no client should have to worry if the campaign they’re paying for isn’t a rehashed job.

Former 4As Malaysia CEO Khairudin Rahim echoed the same sentiments, emphasising that under global business norms, intellectual property (IP) remains to be the agency’s unless a formal agreement is reached. "If the public allegations are true, then shame on MITI," said Khairudin, who also called for an apology, fair compensation, and disciplinary action against any personnel involved.

"I am especially concerned that this conduct seems to have taken place at such a leading government organisation that claim to adhere to 'the highest standards of integrity and compliance in all its dealings'," added Khairudin.

Meanwhile, Tan Kien Eng, the newly elected president of 4As Malaysia, told A+M that in recent years, the association has seen several cases relating to the automatic ownership, retention and usage of agencies' intellectual property. "On behalf of our member agencies, we have consistently rejected such demands," said Tan.

Some examples highlighted by the 4As include a 2021 case involving the East Coast Economic Region Development Council (ECERDC), a 2022 dispute over allegations against Cenergi SEA by Dxclusive, and a 2023 controversy surrounding ownership claims and the retention of agencies' intellectual property by the General insurance association of Malaysia (PIAM) and Malaysia takaful association (MTA).

He added that the 4As has always maintained that ideas, concepts, and materials shared in a request for proposal (RFP) are solely for evaluating an agency’s services, with ownership remaining with the agency unless fairly compensated. Tan also said that if the allegations by Creative Media Group are found to be true, an apology is in order and an agreement on compensation reached expediently.

A moment for the industry to stand together

Despite the disheartening situation, Fey remains hopeful. "The response has been overwhelming in the best way. People I’ve never even met have shared their own stories, offered support. It’s heartbreaking because so many have faced this, but hopeful because it shows a refusal to accept it anymore," said Fey.

He added:

It’s a reminder that for all its challenges, this industry is held together by something stronger: a shared respect for the work, and for one another.

Fey stressed that the fight is bigger than Current Media Group alone. "It was never just about us. It’s about the next person. And the one after that. The best thing the industry can do is simple: to stand with each other when it matters most, because we are never creating alone," he said.

"The more we stand together, the less room there is for exploitation to survive. Solidarity doesn’t just protect what we make, it protects who we are," Fey added.

As MITI's investigation unfolds, industry stakeholders are watching closely. "What will truly define them as an institution, a standard bearer, will be the transparency of its investigation and outcome, whatever the circumstances, and the mechanisms they put in place to ensure ethical obligations at the heart of every tender and pitch document moving forward," said Stanislaus.

Because as he aptly puts it: "Now, with all eyes fixed, the process will tell us everything we need to know."

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