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Kuwait

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INTRODUCTION

The State of Kuwait is a member of World Intellectual Property Organization (WIPO) from July 14, 1998, World trade organization (WTO) since 1 January 1995, GATT since 3 May 1963 and Gulf corporation council (GCC) also. As well as some conventions like GCC Patent Law, Berne Convention, and Paris Convention since December 2, 2014.

Intellectual property legislation includes Law No. 71 of 2013 on patent, decree – Law No.68 of 1980 on trademark as amended by Decree – Law No.10 of 1987 and Law No.1 of 2001, Law No. 4 of 1962 relating to patent, Designs and Industrial models as amended by Law No. 3 of 2001. Intellectual Property matters are administered by the Industrial Property Office which is under the supervision of the Ministry of Economy and Commerce.

AFFILIATIONS

Bodies: World Intellectual Property Organization (WIPO), World Trade Organization (WTO), Gulf Cooperation Council (GCC).


Conventions:GCC Patent Law, Berne Convention, and Paris Convention.

Country Information

Capital and largest city: Kuwait City
Official languages: Arabic
Government: Unitary constitutional monarchy
Currency: Kuwaiti dinar (KWD), (1 KWD = 3.32 $)
MORE ABOUT TRADEMARKS IN KUWAIT

LAWS

Kuwait Trademark Law      Download

IP Matters in Kuwait are handled by Kuwait Trademarks office which is administered by Ministry of Trade and Industry.

FOLLOWING INDICATIONS MAY BE USED AS TRADEMARKS IN KUWAIT:

  • Word marks

  • Names

  • Letters

  • Numbers

  • Seals

  • Pictures

  • Inscriptions

  • Graphic Elements

  • Colours

  • Phrases

  • Symbols

  • Devices

  • Configurations

  • Audio marks and olfactory marks

  • Slogans

  • Packaging

  • Designs

  • Combination of the above

CLASSIFICATION

10th edition — single class application. Class 33, alcoholic goods in class 32, and pork meat in class 29 cannot be registered.

TRADEMARK SUMMARY

  • Multi-class filing system not applied

  • Accepted marks are published in the official gazette (Al-Kuwait Al-Youm) upon grant of fee

  • Opposition period is 60 days from the date of publication

  • The assignment of a trademark or service mark can be recorded once the mark is registered in the country.

  • The registrant of a trademark or service mark is also obliged to record any change in his name and/or address with the Trademark Registry.

PROTECTION TERM

  • 10 years from filing date and renewable for like periods

  • Trademark could be renewed anytime during the last 12 months of the protection period

  • A grace period of 6 months from the date of expiry is allowed, but with the penalty

RIGHTS OF TRADEMARK OWNERS

Trademarks may be:

  • Transferred in whole or in part with or without compensation

  • Inherited

  • Assigned and licensed.

  • Mortgaged and creditors may seize such trademarks belonging to their debtors.

  • Licensed to natural or legal persons

  • Prevented from unauthorized usage by third parties

  • The subject of appropriate redressal from a court of law upon infringement

TRADEMARK USAGE IN KUWAIT

It is not compulsory to use the mark for filing applications or maintaining the registration in force. Non- use continuously for 5 years post registration would make the mark vulnerable for cancellation.

Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeited mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law.

REQUISITES FOR TRADEMARK’S SERVICES

Trademark Registration

  • A Power of Attorney legalized up to the Kuwaiti consulate

  • Certified copy of priority document duly legalized, (if priority claimed) (All documents may be submitted within 3 months from filing date)

Renewal of Trade/Service Marks

  • Power of Attorney legalized up to the Kuwaiti Consulate

  • The original Kuwaiti registration certificate of the trademark for endorsement purposes

Change of Name/Address

  • Power of Attorney executed in the new name and/or address and legalized up to the Kuwaiti Consulate

  • An official certificate proving the change of name and/or address legalized up to the Kuwaiti consulate

  • The original registration certificate of the trademark for endorsement purposes

Assignment

  • Power of Attorney executed by the assignee legalized up to the Kuwaiti Consulate

  • A deed of assignment signed by both assignor and assignee, legalized up to the Kuwaiti Consulate

  • The original Kuwaiti certificate of registration of the trademark for endorsement purposes.

Merger

  • Power of Attorney duly legalized up to the Kuwaiti Consulate

  • A merger document legalized up to the Kuwaiti Consulate

PATENT INTRODUCTION & REQUIREMENTS

LAWS

Kuwait Patent Law      Download

PATENT SUMMARY

  • Conducting search availability is not existing at this time

  • Any patent application filed under GCC Patent Law is completely valid in Kuwait

PROTECTION TERM

  • 20 years from the international filing date

  • The term of protection of a utility model is 7 years starting from the date of submitting the application, and not possible to renew the protection period.

ANNUITIES

  • No provisions

REQUIREMENTS

For Filing the Patent Application:

  • Power of Attorney legalized up to the Kuwaiti Consulate

  • An extract of the entry of the applicant in the commercial register, or an official copy of the memorandum or articles of association, if the applicant is a company or a body corporate legalized up to the Kuwaiti Consulate

  • The title of the invention

  • Summary description of the invention

  • The number and date of the corresponding foreign patent

  • The name, address, nationality and occupation of the applicant(s) and inventor(s)

  • Two copies of the specifications of the invention together with the Arabic translation

  • Two sets of the formal drawings bearing Arabic reference numerals

  • An assignment document from the inventor to the applicant legalized up to the Kuwaiti Consulate

For Change of Name or Address:

  • Legalized POA

  • Extract from the commercial register or any other document evidencing this change duly legalized.

For Assignment:

  • Legalized POA

  • Legalized Deed of assignment

  • Extract from the commercial register

Merger

  • Legalized POA

  • Legalized Certificate of merger.

COPYRIGHTS INTRODUCTION & REQUIREMENTS – KUWAIT

LAWS

Kuwait Copyrights Law      Download

The provisions to provide legal protection to the copyright- related issues have been incorporated in Kuwait in the shape of Kuwaiti Copyright Law No. 5/1999. Kuwait is a member of the Berne Convention for the Protection of Literary and Artistic Works.

In March 1986, Kuwait joined the Arab Convention for the Protection of Copyright, which was ratified by the conference of ministers of cultural affairs in Baghdad in November 1981. Accordingly, a copyright need not be granted or obtained in Kuwait through official registration. Once an idea has been reduced to tangible form in any member state of the Convention, the copyright holder, regardless of nationality, is entitled to enforce his or her exclusive rights, provided that reciprocity was applied between his or her country and the member state

DURATION

In general, the duration is the artist’s life with the addition of 50 years following the artist’s date of passing.

COPYRIGHT IS PROTECTED FOR;

  • Written works,

  • Phonographs

  • Cinematographic films,

  • Theater and musical pieces,

  • Television and radio works for publication,

  • Paintings,

  • Sculpture and architecture,

  • Maps and speeches

  • Software & Computer programs

INFRINGEMENTS & PENALTIES

Penalties include payment of fines of up to 500 Dinars (around 1,750 US Dollars), as well as legal prosecution resulting in a maximum of 1-year imprisonment terms.