On 4 December 2024, UNESCO inscribed the Spring Festival, the social practices of the Chinese people in celebrating the traditional New Year on its Representative List of the Intangible Cultural Heritage of Humanity.

In Malaysia, where Chinese New Year is a public holiday, widely celebrated across communities and heavily commercialised, the news travelled fast, and so did the confusion. Questions quickly followed:

Does this mean China owns Chinese New Year? Does this affect how Malaysian businesses market festive products? Can brands still use Lunar New Year themes?

To answer these, it is crucial to understand what UNESCO recognition actually does, and, more importantly, what it does not do.

Why the Wording Sparked Confusion (Especially in Malaysia)

UNESCO’s official title explicitly refers to “the social practices of the Chinese people”. While this wording is consistent with UNESCO’s cultural heritage framework, it has been read by some as implying exclusivity.

In Malaysia’s multi-ethnic context, this has fuelled:

renewed debates over “Chinese New Year” vs “Lunar New Year”
concerns about cultural appropriation or cultural erasure
uncertainty among brands about naming and imagery choices

Legally, this wording does not change ownership. However, in Malaysia, where branding, goodwill, and consumer perception are critical, these debates directly affect commercial risk.

Trademark law may not regulate culture, but it does respond to public sentiment and reputational harm.

What UNESCO Actually Does and What It Cannot Do

UNESCO’s role is often misunderstood.

What UNESCO does:

recognises cultural practices as heritage
encourages preservation and transmission
places moral and political emphasis on safeguarding traditions

What UNESCO does not do:

grant intellectual property rights
control how festivals are celebrated
regulate commercial use
enforce laws or penalise businesses

UNESCO recognition is symbolic, not proprietary. It does not override Malaysian law, nor does it create any exclusive rights over Chinese New Year or Lunar New Year celebrations.

However, recognition changes how governments respond, including how existing IP laws are applied.

How UNESCO Recognition Influences IP Thinking and Why Malaysia Should Care

While UNESCO cannot compel legal reform, inscription creates international and domestic pressure on states to demonstrate that heritage is being respected and not exploited.

China has responded by strengthening the link between Intangible Cultural Heritage (ICH) and IP enforcement. While Malaysia has not made equivalent reforms yet, the implications are still relevant for Malaysian businesses because:

many CNY products are sourced from or inspired by China
Malaysian brands frequently apply for trademarks locally and abroad
cross-border enforcement increasingly considers cultural context

UNESCO recognition strengthens arguments around:

public interest
bad-faith trademark filings
unfair monopolisation of cultural symbols

These principles already exist under Malaysian trademark law, UNESCO recognition simply gives them greater weight.

What This Means for Production, Products, and IP Applications in Malaysia

UNESCO has not banned the commercial use of Chinese New Year elements in Malaysia. Retailers, advertisers, and manufacturers can still produce festive goods.

What has changed is the risk profile.

A. TRADEMARK FILINGS

Businesses attempting to register:

generic zodiac animals
common festive phrases
red envelope designs or traditional motifs

may face challenges, particularly where:

the mark lacks distinctiveness
the design closely mirrors traditional expressions
the application appears opportunistic or culturally exploitative

Even in Malaysia, bad-faith arguments and public interest objections are increasingly relevant, especially for marks intended for regional or international use.

B. MASS-PRODUCED VS TRADITIONAL DESIGNS

UNESCO recognition has encouraged greater attention to:

traditional craftsmanship
community-linked designs
authenticity claims

In Malaysia, this may affect:

claims of originality
marketing representations
potential disputes over copying traditional motifs

Using “heritage-inspired” designs without acknowledgement or adaptation may not be illegal, but it is becoming legally and commercially risky.

C. BRANDING AND NAMING CHOICES

There is no legal obligation in Malaysia to adopt a specific name for the festival. “Chinese New Year” and “Lunar New Year” remain lawful and widely used.

However, UNESCO recognition has heightened:

reputational sensitivity
consumer expectations
scrutiny of cultural positioning

For brands, naming is no longer a neutral choice, it is a strategic one that can affect goodwill, consumer trust, and brand value.

What Is Often Missed in the Malaysian Context

Two key points deserve emphasis:

Public domain does not mean consequence-free. Even where copyright does not apply, trademark law, passing off, and consumer protection principles may still intervene.
Cultural sensitivity is now part of compliance. What was once a marketing issue is increasingly an IP and risk-management issue, especially for brands operating across borders.

UNESCO did not turn Chinese New Year into its own property. It made it harder to treat cultural heritage as commercially neutral material.

Summary: What Changed for Malaysia and What Didn’t

What did not change:

No one owns Chinese New Year
Malaysians of all backgrounds can celebrate it
Commercial activity remains lawful

What did change:

Cultural symbols face greater scrutiny in IP applications
Bad-faith trademark filings are riskier
Branding choices carry legal and reputational consequences

The bottom line:

UNESCO recognition did not create ownership, but it reshaped the commercial and legal environment surrounding Chinese New Year. For Malaysian businesses, cultural awareness is no longer just about being respectful. It is increasingly part of IP strategy and brand protection