IP OVERVIEW OF KUWAIT

The basic IP laws of Kuwait mainly include Trademark Law enacted in 1980 and revised respectively in 1987 and in 2001; it is affiliated to Commercial Code, mainly covering protection and implementation of trade name, trademark, and geographical indication. The No.4 law was enacted in 1962, and No.3 law was enacted in 2001, namely Invention, Industrial Design and Utility Model Law, covering protection and implementation of patent for invention, utility model, and industrial design. In 2013, the law was again enacted and implemented as Patent Law. In addition, the No.64 law was enacted in 1999, namely Laws for IP Protection and its Description (referred to as Copyright Law in this report); it mainly stipulates the protection and implementation of copyright and related rights (neighboring rights). Besides, some other IP laws are enacted by the authority and administrative departments of Kuwait.

Judicial Protection and Enforcement of IP in Kuwait

The administration of IP in Kuwait is within the functional of its Department of Industry and Commerce. Civil and Commercial Procedure Law 1980 and its subsequent amendments stipulate the conditions and methods of initiating civil and commercial procedures.

The holder of trademark, patent for invention, industrial design and utility model can request to the presiding judge of the court (Kulliyyah Court) for provisional injunction in the course of civil or criminal procedures.

In 2004, Kuwait Customs forms a special IP team to undertake IP enforcement. Kuwait Department of Industry and Commerce and Department of Information also establish the rapid alert system to monitor shops selling infringement and pirated items.

Major IP Protection System in Kuwait

Before 1999, there is no copyright law in Kuwait that can effectively protect created results, and relevant laws contains clauses on the protection of audiovisual works from Kuwait, Arab, USA and Britain, and on the prohibition to purchase pirated computer software by public institutions.

According to Intellectual Property Law in 1999, the copyright of the author means: the right to decide on whether and how to publish the works; the right to reproduce the works in any manner and to communicate the works and translations to/exchange ideas with the public by means of public performance, theater performance, radio broadcasting, television, movie, and so on; the right to revise, improve and summarize the works; the right to conduct analysis and explanation, make notes and revisions, and any other forms or means.

Generally, the term for copyright protection is 50 years from the date of author death. For works of joint authorship, the term shall be calculated from the date on which the last author dies to the calendar year of his death.

Trademark protection in Kuwait was first stated in Clause 61-95 of Commercial Code 1981, which was revised in 1987 and in 2001. According to Commercial Code, trademark is defined as any term, mark, letter, number, plot, symbol, title, stamp, presentation, sculpture or other marks combining with something distinctive, including acoustic and olfactory marks. As they are used to differentiate goods or services with different manufacturing, selection, trade or selling nature, they are known as trademark.

According to Invention, Industrial Design and Utility Model Law (hereinafter referred to as Patent Law) enacted in 1962, patent application can be filed for any new invention that can be applied in industry. The term of patent protection is 15 years, and can be renewed by 5 years. In the Patent Law revised in 1999 and effective from 2001, the term for the protection of patent for invention in Kuwait is changed to 20 years from the date of patent application; the term of utility model protection is 7 years from the date of filing application. For the integrated circuit layout design, registration can be applied as product design in the same way as industrial design, so as to make it protected. The term for the protection of industrial design and integrated circuit is extended from 5 years to 10 years, and a 5-year renewal is possible for application. In patent application, relevant fees shall be paid as stipulated, and upon patent authorization, the maintenance fee shall be paid regularly.

Patent right means the exclusive right of his patent executed by the right holder by any means. Anyone using the right without permission of the right holder may constitute infringement and shall bear legal liabilities. As an addition, criminal punitive measures against patent infringement are given in the Patent Law revised in 2001.

In Kuwait, patent application should be filed by the inventor or its assignee to Kuwait Patent and Trademark Office within the term and under the conditions stipulated in laws and regulations. One patent application shall not contain more than one invention.

According to the Patent Law of Kuwait, the right of patent for invention becomes invalid under the following condition: the term of patent protection is expired; the patent right holder waives his right; the patent is canceled by judgment.