Intellectual Property
Kuwait is associated with World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO) which makes it a signatory of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In Kuwait, the intellectual property rights (IPR) are governed by a number of copyright and trademark laws introduced in 1999 and 2006.
Sound Intellectual Property Consultation and Protection
Formerly, all matters of intellectual property were regulated by the old Intellectual Property Rights law (Law Number 64 of 1999). But the economic progression and changing nature of business demanded a more elaborate and structured law to protect intellectual property. Accordingly, the new law of Copyrights and Related Rights (Law Number 22 of 2016) was formulated which replaced the old law.
The new laws provided a reliable system to protect intellectual property in Kuwait. A series of other laws were also put into place in 2015 and 2016 which include Gulf Cooperation Council Trademark Law and Patent Cooperation Treaty (PCT).
Both nationals of Kuwait and foreigners are covered under the law along with any author who chooses to release his work in Kuwait. The WIPO member states are also covered by the same laws and provisions. Article 3 of the 2016 Law defines the different types of properties that can be requested for protection while Article 4 presents a list of situations and circumstances when the regulations would not be applicable.
Any provision of the Old Law that does not conform to the New Law is considered void. The new provisions of the law have been developed to align with the international intellectual property standards.
Applying for patents and retaining its rights have been made simpler under the new laws. They also provide sufficient provisions for protecting copyright and trademark usage and can be used to tackle issues of counterfeit or piracy.
The Implications of Intellectual Property Laws in Kuwait
