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Intellectual Property Law of Kuwait
The Patent Law in Kuwait is addressed under the statues viz; Patents, Designs and Industrial Models Law of 1962 (Law No.4 of 1962) as amended by the Patent Law No.3 of 2001. The amendments has been brought about in the new Patent Law to comply with the requirements of the TRIP's Agreement. The law now had included patenting of inventions related to food stuffs, medicinal drugs, pharmaceutical compositions etc.
Once the patent owner is vested with the right to use that patent continuously for 20 years from the date of application. Apart from Kuwait Nationals, the following persons are entitled to apply for patents in Kuwait (Article 5). They are:-
- Foreigners residing in Kuwait or having industrial or commercial establishment therein, foreigners who are nationals of the countries which accord Kuwait reciprocal treatment or who are residents of or have a true domicile in such countries,
- Corporations, societies, firms or associations of industrialists, producers, merchants or workers established in Kuwait or in countries which accord Kuwait reciprocal treatment, if they enjoy corporate status.
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Public services.
There are provisions for opposition (Article 22-29) and compulsory licensing (Article 34-35).
Any acts amounting to infringement of a patent is punishable by imprisonment for period of maximum one year or a fine of KD. 5,000/- or both (Article 46).
In 1998, the Gulf Cooperation Council (GCC) countries have set up a common patent system similar to that of the European Patent Convention (EPC) . For acquiring a patent, the applicant has to prove novelty of his patent on a world-wide basis and which should not be in public use or any prior disclosure. It seems that dual protection by way of national and GCC patents for the same invention will not be allowed, but it will be possible to file an application for a GCC patent, notwithstanding the grant of a national patent as long as an undertaking is given that the national patent will be abandoned once the GCC patent has been granted. The term of GCC patent is 15 years from the grant of patent and a 5 year extension may be allowed if applied for.
TRADEMARKS
The Commercial Law of Kuwait (1981) governs the trademark laws of Kuwait. Kuwait follows the international classification of trademarks with a few exceptions. The Trademark Law does not protect trademarks or service marks in classes 32 and 33 relating to alcoholic beverages and pork as these things are considered anti-Islamic. A trademark registration is valid for ten years from the date of filing the application (Article 77). The trademark registration is renewable after every 10 years. 'Actual use' of the trademark in Kuwait is not a pre -requisite for registering a trademark in Kuwait but non-use for five years or more consecutively or if there is no bonafide use of the mark, then the trademark is liable to be struck-off (Article 79).
Unauthorized use or infringements of the trademark are offences punishable with either imprisonment or a fine not exceeding KD 600 or both (Article 92).
COPYRIGHT LAW
The law applicable for Copyright in Kuwait is the Intellectual Property Rights Law of 1999 ( No.64/1999). Protection of the copyright of the author of a foreign language work, as well as the copyright of the translator who translated that work to another foreign language get terminated with respect to the translation of the work into Arabic language wherein the author or the translator has failed to exercise the said right within a period of five years from the date of first publication of the original or translated work (Article 16). The term of copyright protection exists till the lapse of 50 years from the death of the author and in case of joint work, the term is calculated from the death of the last surviving co-author (Article 17).
The copyright law is applicable for both the nationals and the foreigners. The said law is applicable for the work of foreign authors
- that are published for the first time in Kuwait;
- who are nationals of a Member State of the International Organization of Intellectual Property Rights Convention (WIPO) that are published for the first time in any of the said countries;
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who are nationals of the countries which accord reciprocity rights to the nationals of Kuwait (Article 43).
Part 3 of the Code deals with Procedures and Penalties. Any person who has committed copyright infringement is liable to be punished either for one year imprisonment or a fine not exceeding 500 Kuwaiti dinars or both ( Article 42). The Minister of Information shall appoint officials as may be needed for implementing the provisions and the Public Prosecution Authority shall investigate, take action and prosecute all the offences.
The Government is planning to submit a Bill before the Parliament to amend some articles of the Copyright Law in order to increase fine for copyright infringement from 500 KD to 1000 KD and to extend period of imprisonment from one year to two years.
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