Intellectual Property

An area of practice that has become critically important, the firm is proud to have a team led by a legal specialist, with extensive continuing education and experience in intellectual property and technology law.   That is the reason the firm has been retained by a leading information technology training and development firm to protect the company's products in Kuwait and other GCC states.

An area of practice that has become critically important, the firm is proud to have a team led by a legal specialist, with extensive continuing education and experience in intellectual property and technology law.   That is the reason the firm has been retained by a leading information technology training and development firm to protect the company's products in Kuwait and other GCC states.

The team has experience in litigation and prosecution in all areas of intellectual property and technology law, which inter alia includes patents, trademarks, copyrights and industrial designs. Team lawyers draft and process registration applications for clients and assist clients in the enforcement of their rights through litigation, if necessary.  The firm has also been involved in negotiating and drafting licensing and franchising agreements and providing specialized advice on disputes arising from violations of existing agreements.

Copyright

Kuwait is a member of the World Trade Organization and a signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights.   Kuwait is also a member of the World Intellectual Property Organization. In 1999 to comply with Kuwait's obligations under World Trade Organization agreements a comprehensive legislation to protect intellectual property was promulgated by Amiri Decree under article 71 of the constitution. These laws were approved by the National Assembly on 23rd December 1999 as law number 64/1999 governing Intellectual Property rights.

Law No. 64 of 1999 governs copyrights and provides copyright protection and penalties for copyright infringement. With respect to non-Kuwaitis, the law applies to:

(1) works of foreign nationals that are published for the first time in Kuwait.

(2) works of Arab authors who are nationals of member countries of the Arab Agreement for the Protection of Author's Rights and published in any of those countries.

(3) works of authors who are nationals of member states of the World Intellectual Property Organization that are published for the first time in one of those states (Article 43 of Law No. 64 of 1999). 

 Under the Law No. 64 of 1999 protection is to be given to all literary works (written and oral), theatrical shows, musical works (with or without lyrics), choreographic works, motion pictures, audio, video and radio works, artistic works (painting, sculpture, carving, architecture and decoration), photographs, applied art (craft or industrial designs), illustrations, maps, designs and models, computer works (software and databases), and translated works.

The scope of protection under this law covers but not limited to written works, works delivered orally( such as lectures, speech, religious sermons and the like) theatrical works and musical plays, musical works with or without songs, works performed by means of movements or steps and mainly prepared for direction, movie works, audio, video and radio works, photographic works, works of applied art, including Craft or industrial designs
Illustrations, geographic maps, designs, plans and models related to geography, topography, architecture and science, computer Works including Software, Databases and the like, derived and translated works.

Trade mark Registration

The international classification of goods and services is followed in Kuwait but it has not yet adopted the 8th Edition of Classification of goods and services. In accordance with Islamic mores the Trademark Law of Kuwait has no provision for the protection of trademarks covering alcoholic drinks and pork meat. Mark having no distinctive features or marks consisting of the usual denomination, description or representation of the product concerned, expressions, designs or marks that are contrary to the public order or morality, representation or imitation of public emblems, flags or banners pertaining to the state, or public offices like U.N.O or Red -cross, mark identical to the religious emblem, geographical names if their use is prone to create confusion to the origin of the goods or services thereof are not protected.

Separate application should be filed distinguishing each class of goods and services. Registration can be obtained only strictly according to the general wording on the basic registration and class headings will b based on the Basic Registration. Colour marks and distribution of colours must be specified in the same manner as it is specified in the basic registration. List of goods to register should be in accordance with the basic registration, no deviation is acceptable.

Any foreign documents attached to the application should be accompanied with English translation, must be translated to Arabic and should be legalized by the Ministry of Foreign affairs as well as the Ministry of Justice in Kuwait.

Requirements of Trademark Applications

• Application form & a power of attorney legalized up to the Consulate of Kuwait is to be submitted. Application form is to be in Arabic and should be prepared by a local attorney, a Power of Attorney should be filed along with the application, the name and capacity of the signatory/ies be specified on the power of attorney, Official seal of the applicant's company be affixed on the Power of Attorney. Power of attorney must be legalized by a Kuwaiti consul in the applicant country.

• A certified copy of the home registration certificate of the trademark stipulating clearly the validity term of the registration and the goods and/or services desired to be registered. (Documents other than in English or Arabic should be accompanied with a sworn English translation.)

• Twelve prints of the trademark for each class (preferably not exceeding 5x5 centimeters each. Additional publication charges are to be paid for a large size print). The prints can be prepared locally upon request. The prints should be in exact conformity with the form of the mark shown on the basic certificate of registration.