WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IP/N/IJKWT/C/IIRev.l 
27 April 2004 
Council for Trade-Related Aspects of 
Intellectual Property Rights (04-1871 ) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS NOTIFIED 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
KUWAIT 
Revision 
The present document reproduces the text! of the following law and explanatory memorandum, notified by Kuwait 
under Article 63.2 of the Agreement by means ofa communication from its Delegation dated 13 June 2001: 
Page 
Explanatory Memorandum of the Decree-Law for the Protection of Intellectual Property 2 
Decree Law No. 64 of 1999 Concerning Intellectual Property Rights (This text replaces the text 5 
distributed in document IPINIl/KWTIC/I.) 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA PROPRIETE INTELLECTUELLE 
NOTIFIEES AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
KOWEIT 
Revision 
le present document contient le texte! de la loi et du memorandum explicatif ci-apres, notifie par le Kowelt au titre 
de I'article 63:2 de I'Accord par une communication de sa delegation datee du 13 juin 200 I: 
Page 
Memorandum explicatif sur le Decret-Ioi relatif a la protection de la propriete intellectuelle 2 
Decret-Ioi nO 64 de 1999 concernant les droits de propriete intellectuelle. (Ce texte remplace celui qui 5 
a ete distribue sous la cote IPINIIIKWTICIl.) 
Consejo de los Aspectos de Ios Derechos de Propiedad 
InteIectuaI reIacionados con eI Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDlCADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
KUWAIT 
Revisi6n 
En el presente documento se reproduce el texto! de la siguiente ley y su memorandum aclaratorio que Kuwait 
notific6 de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo mediante una comunicaci6n de su 
delegaci6n, de fecha 13 de junio de 2001: 
Memorandum aclaratorio del Decreto Ley relativo a la Protecci6n de la Propiedad Intelectual 
Decreto Ley N" 64 de 1999 relativo a los Derechos de Propiedad Intelectual. (Este texto sustituye 
al texto distribuido en el documento IPINIl/KWTIC/I.) 
I In English only'/En anglais seulement.lEn ingJes solamente. 2 
5 IPINJ1 IKWT/CI 1 lRev.1 
Page 2 
EXPLANATORY MEMORANDUM 
OFTHEDECRE~LAWFORTHE 
PROTECTION OF INTELLECTUAL PROPERlY 
Literary, artistic and scientific works are the fruits of human thought and the mirror of man1s character. 
There is no doubt that the protection of the authors' rights has become one of the strongest requirements 
necessitated by the current state of cultural progress and the mtroduction of modem t.~chniques in printing 
and pUbiishing. Therefore, the protection of authors' rights and the preservation of their effons and 
in1ellectual innovations have become necessary in order to encourage them to continue their creative and 
scientific activities. 
Due to the importance of protecting authors' rights, Kuwait became a party to several conventions such 
as the Arab Convention for the Protection of Authors' Rights in 1986 and the founding treaty ofWorld 
Intellectual Property Organization. For these reasons and to complete the basic laws ofJhe country, the 
attached law has been prepared for the comprehensive and effective protection of the author through na­
ionally applicable legislation. 
The provisions of this law reflect signi:ficant modem legislative attitudes and points of view, and are in line 
. with contemporary legislation and take into consideration international conventions relating to the protec­
tion of authors' rights with which Kuwait is affiliated. The Jaw includes the provisions of these conventions 
and adopts the latest solutions devised by these international conventions, notably the World, Convention 
on Author'sRights (Geneva 1952) and its various amendments, the Arab Convention for the Protection of 
Authors' Rights, the Convention on Trade Related Intellectual Property Rights (TRll'IS) and the founding 
treaty of the World Intellectual Property Organization with which Kuwait is affiliated as per law #2 of 1998 
as weU as the reports of the International Committee fonned in accordance with the provisions of the 
aforesaid convention for keeping pace with·the developed countries which adopted these solutions after 
they became internationally established rules. 
The first part of the law specifies th~ scope of protection but in anticipation offuture developments, does 
nqt limit the types of artistic works protecred to those specified. However, the law establishes a general 
structure and gives some examples of the common types. The first paragraph of article (1) provides that 
the works whose authors have legal protection are ne'Nly created works in the fields of arts, letters and 
sciences irrespective of their value, type, compilation, objective or ex.pre~sive style, so that this scope 
. inch.).des works currently in existence and works which may be created in the future. 
The second paragraph of this article defines the author as the person who creates the work as well ,as the 
person to whom the work is attributed upon publication thereof in any manner that helps to identify this 
p~rson. This is a legal fact that may be disproved by alllegally stipulated means. 
Article (2) provides examples of works, whose authors are protected under the law, from among those 
that are common and in general use at the present time. These inClude computer software and databases 
which, in confonnityv.rith rules established in accordance -with international conventions, are considered in 
the same light as literary works. It doesnot omit t~ expressly provide tr.w.t protection also covers the title 
of the work if this is distinguished Vr'ith an innovatIve form and is not a common word denoting the subj ect 
matter of the work. 
Article (3) provides works derived from previous works, including translated works.as well 2.S all forms 
of existing works compiled into new forms., with protection after permission from the original author to do 
so had been obtained. 
The third paragraph ofthisarrjde provides a restriction wrt ... 1. respect to photographic works, namely that 
the author should not pr~ent others from tah."1g new photo graphs oftb.e t..rung photographed. This restric­
tion is not considered a prejudice to the rights of the photographic author. The protection of photographic 
work necessitates the prevention of COpiillS weedy from 't.1.e same pnotograp.r3cwork without perrnis­
sio n from the autb.or. However, it cl oes nOT prevent ot.'ler photo grapr..s b cing taken from t..f)e S3.J."Tl.e plac!::, IP /N/1/KWT IC/1IRev.1 
Page 3 
even if this is done Under the same circumstances as when the first photographs were taken.. 
In the second chapter, the law regulates the authors' rights. The first part of this chapter deals with 
general provisions. Article (4) stipulates-that the author shall solely decide whether his work is to be 
published and how it should be published. He also has the right to utilize it financially and the article 
prevents third parties from using this right except under prior written permission from the author or his 
successor. 
A.rticle (5) states some ways in which a work may be utilized financially, namely its reproduction and 
presentation to the public through public perform~ translation, modification, summarization, explana­
tion and amendment into any other form. It is understood that these forms are not mentioned in this article 
merely as examples. 
Article (6) states some of the author's literary rights relating to his work. It stipulates that he is solely 
entitled to have his work attributed to him. He and his successor have the right to object to any modifica­
tion 1ru.de by third patties to his work without perm1ssion from him and it also states the exceptions thereof 
Oil the other hand, articles (7) to (11) describe situations when the author is deprived of the right to 
object to the utilization of his own work by third parties even if such utilization is made v.rithout his permis­
slon. It is may be noted that these situations do not conflict \Vith the author's rights relating to his work be--
" cause they do not imply a material utilization or infringement ofhis literary right. However, they are in 
harmony with the nature oftllls right which aims to promulgate cu1turein general, such as musical play or 
acting in a private meeting which does not yield a financial benefit or where the reproduction is done for the 
private use ofan individual or by a public Library or registered non-corrunercial house provided that the re­
production is limited to the fulfillment ofits needs arid does not harm the ordinary utilization of the vrork, or 
the presentation, quotation or analysis of the work for the purpose of criticism., study or information, etc ... 
provided that the reference and author's name are clearlyrnentioned. However, the author shall solely have 
the right to publish collections ofms speeches or articles as stipuiated in article (12). 
. Afterthe law has stated the author's rights during his life, it clarifies the disposition of such rights after his 
death. Article (13) thereof limits the passing of material utilization rights to his heirs and obliges them to 
complywith. any contracts he may have condud ed With publishing houses or to comply wjth his -will should 
this prevent publication or set times or conditi ons thereupon. In the case of a joint work, it provides for the 
passing ofms share to the remaining authors in equal shares ifhe has no heir or legatee and it is.not agreed 
otherwise in v.riting. 
Then the law deals with the case when the heirs ofaKuwaiti author do not publish the work oftheir 1eg­
ator nor republish it. \¥here the public interest necessitates publication ofthe work, article Cl 4) entitles the 
!vfinister of Information to request the heirs to publish the work by registered letter. If the author'S heirs or 
his successors insist on refusing to publish the work, the M.inister shall be ~titled to mvean order issued 
by the president of the Court ofFirst Instance to hand the work over to him for publication. All this shall be 
without prejudice to the right of the author or his successor to fair ~ompensation. 
Article (15) of the' law provides special provisions concerning performing artists such as singers, musi­
cians and dancers as practical reality reveals that the drawing power of some performing artists exceeds 
the attractiveness of the author ofthe work. Indeed the artists may be the basic reason why a work is 
popular and the public is attracted to it. 
Whereas the author's financial rights to his work is temp ora.} by its na'tul"e, articles (16) and (17) of the 
law state when the period of protection for aU types of works expires. Article (16) provides for the expiry 
of the author's right of protection and the right of the person who tr2I'.slated his work into another foreign 
language in connection with the "tra.!"1s1ation of such a work into .Arabic if the author or the translator does 
not exercise this right within five years from the date the original or translated work is first published_ 
Ho wever, the M:iniste::r ofInforrnation may li C---"'!1se t.\;.e tra.rI..sbtion of the work into Arabic or the publication 
thereof one year mer the daie the original ortranshted work was published for the first time, provided to 
a fair compensation lspaid to the author or the person to whom the translation rights have pz.ssed, for t.~e 
purposes ofpromulgatii13 cuJ~ fu,d the oene£its society am ~uire from eve:ry1.tll""lovative 2nd creative IP INIlIKWT /CIl/Rev.l 
Page 4 
Translators' Note 
Translating from .A.rabic to English is fraught with difficulties even for the 
most erudite ofbilingualists, the more so when the text being translated is 
a legal document, because the two languages differ markedly in their 
grammatical and syntactic structures. A word-far-word translation sel­
dom makes sense. In the attached translation, the translators have avoided 
a literal translation to the extent necessary to make the meaning, as un­
derstood by them. clear. 
Disclaimer 
\Vhile every care has been taken in the translation of this law, the transla­
tors and Kuwait Publishing House cannot assume any legal responsibility 
for the accuracy oftms translation. No respOIlsibility for loss or damage 
occasioned to any person acting or refraining from action as a result of 
the material in this translation can be accepted by the tra.nslators or by 
. Kuwait Publishing House. 
Copyright 
Apart from any fair dealing for the purposes of research or private study, 
or criticism or review, as peITnitted under Law #64 of 1999, this transla­
tion may only be reproduced, stored ar transmitted, in any fann, or by 
any means, mth the prior written pennission of Kuwait Publishing House. 
Caveat 
The publishers strongly recommend that persons with legal queries or 
problems seek qualified legal advice without delay. IPINIlIKWT/CIl/Rev.l 
Page 5 
1'. O. COX: 193 SAFAT 
i:;n02SAFAT-. KUWAIT 
-CABLE' ALUtSHAD 
TEL. : 2415:301 
TELEX : M! U3!o Rr. 
MINISTRY Of" lNFOltM.ATfON 
STATE Of KUWAIT 
I" ------I"SlT\() rsst:TD 0" l! DFC ".)<4 -----,--.-.- "LJn~-'-- -----·1 
--,,,.L ~UWA1:r' , ": . 2 SI;~·.''''_I 13~O i\.H I I· ~~. I AI. ;,.-r'n{ ;\ J~n. 1000 i 
I I -mE. WF.r:i<LY OFlilCiAL 
, I ! (j'llEm: J~st:t'.l) BY \.iNSTRY 
t. _____ . __ ---11 ___ Of rr.._'~F_OR_MA_TIO_N -'---_~ ___ I 
CABfNET 
LA \V NO 64 OF J 999 
CO~CERNrNG 
INTELLECTUAL PROPERTY RIGHTS 
llaving considered 
The Ct~nstitutjon. 
The penal code promulgated law No 16 of 1961 and Jaws amending thereto. 
The panel procedures and trial promulgated issued :.mder Ja\l{ INo J 7 (if 1960 
a.hd laws amending thereto 
Law (\;0 3 of 196 J on publicat!ons and prinied matters, publication and nIl 
amending laws, 
The Civil and Commercial proccduresiaw promulgated under decree law No 18 
of 19BO and the laws amending thereto, 
The Civil law promulga.led under decree law No. 67 of )980 amended'by 1aw 
No. J S of 1996, 
Law No..16 of 1996 sanctioning the Arab Convention of the protectloD of 
Authors' fGghts, 
[,itW No. 2 of1998 sanctioning the afliJiation of the St8.tc of KlIwRit to world 
I11tellectltsJ property Organization Treaty, 
The National Assembly has rectifying this law and we sanctioned <lno 
promulga.ted the same> : ,,.S:.1; ., 
1.1 IP /N/IIKWT/C/l/Rev.l 
Page 6 
First Sectioft 
Sc@e Q.(ProfectioJI 
Arlicle Cl} 
The' authors of newly created literary works ofans, letters and science shall beundcf:t1Je 
prot0ction hereof irrespective of the value. type objective or expressIve style ofthese 
literary works. 
An author means the person who creates the literary works, or to whom the literary 
ivork-is atti'ibuted upon publication thereof whether by mentioning his name on·the 
literary work in any other manner unless there is evidence to the contrary. 
Al'licieJll 
The protection shall cover following literary works in particular: 
(n) Written literary works. 
Cb) Lirer~ry works delivered orally, such as lectures, speeches, religiou.s sermons 
and t.he like. 
(c) Theatrical literary works and musical plays 
(d) Musioalliterary works with or without songs. 
(e) Literary works performed by means of movement or steps and n'lalnfy prepared 
for direotion, 
(f) Movie literary works, and audio, video and radio literary \\'orks. 
(g) Painting and literary works depicted by means of lines, c010rs; and diagraPls: as 
welt as literary works of architecture. sculpture, arts cf!.rving a.nd deco[<lfions". 
Ch) Photographic literary works. 
(i) Literary works of applied art, including craft or industrial designs. 
(j) Illustrations, geographic maps, design, pJans and mod-els relating to googrRphy, 
topography, architecture and science. 
(k) Computer literary works including software, databases and the like 
0) Derived and translated iiterary works. 
The protection also covers the title of the liTerarv work if this is created and it is not. a . . -
oommon expression that indicates the subject matter of the literary work. 
.fl.rticle (3) 
The. prote.ction shall also cover those who, under pem1ission form lhe 3Ulhor, have 
tran."lated the literary work into another language and those "\yho have summo.rlzed. 
amended or explained such literary work or carried OLlt any other act tbat gives such 
literary works a new shape. 
The protection prescribed in the previous paragraph does not prejudice the protection of 
the original author ofTbe liTerary work IPINIlIKWT/CIl/Rev.l 
Page 7 
However, the rights of an author 01 Cl pbotographic literary work shall not entail to 
prevent other form taking new photographs of the photogra.phed object even if these 
new photogreph are taken in the same way and in the same genera! circumstances as the 
I1rst photographs. 
SeCO/1({§ectj.f!.!1 
d.!!fhor's Rig!tts 
Fir.;~t OU!]}!eY -Ge.neml p(ev0.ions 
Article 111 
Tbe author :;ball have the right to decide the publication of his literary work and to 
determine tht manner in which the sa~n,e shall be published. 
The author iii soleJy entitled. to utiliz.e his literary work financially 'in any manner AJld 
third parties may not exercise this righr unless under prior written permiss.ion for him or 
h is successor 
Ar.p..fle (S) 
The auth()r'f.. right of utilization includes the foflov/ing' 
(a) The reproduction of the literary w()rk in whatever form. 
(b) The presentation of the l!terary v;,ork to the public through public performance. 
theatrical pcrfonnance, radio transmission, TV or cinema show!> or by any other 
means. 
(c) The translatibn of the literary work intO any other Janguage or iL<; amendmt:n\.,. 
summarization, explanation or modification into any other form 
Ar!i..cle ill 
The aUlbo, $t11l.1l solely be entilled to have his lilerary work a.ttributed to him, unless the 
literary work :5 mentioned incidentaJiy during 2 radio or TV presentation 
The author {)r his plivate or public SL!ccessor shall have the right to object to or pn .. "Vent 
any deletIon, change, addition or modification to his literary work without his 
perm!SSlon. 
The modification of a translation or alterna.tion. or development of a literary work into· 
al;other form shaH be excepted from the provisions of the previous paragraph ;"mle!;:.; 
such .m ac.,i pn.:iudices the author's reputation, honoe academic or artistic. standing or 
denigrates lhe content of the. literary 'Work .. and in alt cases the translation, alteration or 
development must cDrltain reference to rhe. fact that it is a modification to the original 
1 rl er-ary work 
Ar1icle.J?l 
After publjshing his literary work the .mtr:oT. may not prevent the prese.ntation c·r 
perfoT mance thereof if this type of act occurs during a private meeting ,hat doe:; nol 
yield ~ny fman.cral outcome directly or indi,ectly. IP INIlIKWT IC/IlRev.l 
Page 8 
Article (8) 
. If a per~on reproduces a. copy of a published literary work or translates it or quote~ ii-orn 
it modifies it in any other manner fOT hLS personal use. The author mRy not prevent him 
fmm doing !>Cl. 
Howevc-r, such a literary work may not be published except under pcrrnission from its 
owner and the author. 
AI'Ticlt;.1Pl 
After publishing rns literary work, the author may not prohibit the same analysis and 
short Qllotations from it where the pu;pose thereof is criticism, enlightenment, study or 
infurmation, provided that the reference to the orif,rinalliterary work and the author are 
clearly mentione.d. 
article 001 
Newspapers, periodicals, radio, TV and other mass media may use, \vithout tllC author's 
permission, articles relating: to the poliIicaJ, economic Of religious discllssions which 
preoccupy the publish opinion at a specific time as long as the quoted origina.l (loes nor 
c.o:1tain an explicit provision expressly prohibiting such quotation. 
\\.'hen a qnotfltion is cited or published. a reference to the literary work and the author's 
name must be clearly mentioned. 
Article (11) 
Newspapers, radio and other mass media may, without the a:uthofs permission, publish 
and broadcast by way ofinfonnation, speeches, lectures and discussions given at public 
sessions of the legislative and administrative chambers and scienliiic, literar.y, artistic. 
political, social and religious !l1eetings and long as these speeches, lectures and 
discussions are addressed to the pubI\e. 
Judicial Pleadings held in public may also be -published without the author's permission. 
within the limits allowed by lo\.v 
:1 r(jcle.1l11 
. in the oases provided for in the prevlous t\.vo anicles, the author shall hitve also 1he right 
to publish COilCCliQns of his speeches and anlcJes. 
c(rtide, un 
The author's heirs are solely entitled. TO exercise the rights to financially utilize a iilera.fY 
work in the manner provided for in th.e law taking the follOWIng into account 
Ca) Should the author had entered Into a written contract wlth third parlies 
concernmg the use of his literary work_. hlS contra.et IOU:<t ot'-execuled in 
accordance with jtS provision!). IPINIIIKWT/CIl/Rev.l 
Page 9 
(b) Should the author have made a wili preventing publication or specif'Ylng ~ dalt 
thereof or other conditions, his will should be executcci. 
(c) Shouid one author of a joint !iterary work dies and there is no heir or eXt-"Cutor. 
his share shall equally pass te the remaining authors unless there 1s a writH:tl 
agreement to the c-Ontrary. 
1rtide (l4) 
Should the heirs or successors of it K1.1Walti author do·not. publish a literary work 01 
republish the same and the Minister of lnformation deems the publication of the literary 
work is in the publish interest and they fail to publish the literary work within one ~!eal 
of the date th~ minister requests them 10 do so by registered Jelter with rewTded 
delivery, the Minister may obtain an order from the presldent of the Court of First 
Instance to have the literary work handed to hlm for publication without prejudiCe te the 
right of the author's heirs or successors to lair compensations 
,1.rticie U5) 
Performing artists such as actors, 51ngers, musicians and others are enri'!.led to have er 
periormance attributed to them in the form in which the performed jt They are also 
entitled to the financial right to utilize tnei,' performance whether throughpresent;ng 
. . . 
their performance to the public 0, b.:y making available 10 the pUblic the original 
recordings or the performance or cClpies (hereof or the rental thereof or by making their 
. proceded perionnance available to the public through radio or computer 
Radio stations are entitled to the financial rights of a license to use their T0'"..;c)rded 
materiah and to prevent any utiliz:ation of their programs without prior written 
pcnnis!lion from them. 
Arric!e (J 6) 
Protection of [he right of an author of a literary work in a foreign language and the right 
of rhe tram I alor of such literary work into another foreign language to the tr::wslalic;n of 
such a literary work into Arabic shaH expire if the author or translator did not ex.crci:;e 
his right within five years of the date when the original or the ti'anslated literary woek 
must published .. 
Ho\vever, the Minlster oflnformation may license the translation of a iiterary work irrt 0 
Arabic or the publishing thereof after one year from the date of the original or tran:;laled 
literary work in first published. In these cases, the author or the one to whom the 
translation rights n('.s passed shall be fairly compensated. 
-1r!.isJs.P 71 
'vV-ithout prejudice to the provisions of the preceding article, the prot(;[:tiOll nf the-
author's rights of finance utilization shait expire: IPINI1IKWT/C/1IRev.1 
Page 10 
First: Upon the lapse of fifty years atTetthe ciea.th of the author This pel'1od Sh2.li b{; 
calculated in the case of joint literary works as of the date of death of the lfist sur.1iving 
8urhor, spe..c;ifically a1' of the end of the .:a!endar year in which the death occurs 
Second: Upcn the lapse of fifty years as of the end of the publishing calendar year in 
\vhich the literary work is published with respect to the following liter&rY works: 
Ca) Literary works, which are published under an assumed name without rhc author" s 
n.ame unless che author reveal'! his identity during this period ~}r his true nam~~ 
becomes known to the public, in which :::ase the said period will t!r,pire as c;,.,nt,tm\:d 
in fIrst itcnt 
(b) LitcTfu:y works in which the entitled per-son thereto is an artificia.l person 
(c)ctncma lit~rary works, photographic li1era.ry works, applied arts. compl:te~ softu'.'1H" 
and databases 
(d) Literary works that are published for the fi rst time after the depth of lh(;i, auiho;', 
Third: Upon the lapse of fifty years ~o of the end of the calendar year during which iht; 
pcrrormanc.0 was ma.de in the Ca5e of :he actors a.1d as of the end of the c.a1endm yc;.<.r 
during which the literary work was recorded ir~ case of the producers of cinematic tilr;)!; 
records or recordings prepared for TV or radin 
. Fourth : Upon the Japse of twenty yea:-~ 8.S of the end (lfthe culendar ~:ear v:hen th~; 
programs were first transmitted in ca:;e bro;~dcaslet~ 
ScC{)nd C}wpter 
Provisions Rilniing to "er/flit! Literan!.l£ofh 
cr'rtide all 
If more than onc personjoin together with respect to the composition ofa :ilerary WOf~, 
sn that the share of anyone of them ~n joim literary work cannot be scparc.leci O~lt from 
(be shares of the others, all the authors shall be considered as ov/ners or the {ite;n.ry­
work in e.quaJ sh.ares unless the agree otherwise in \vriting. 
)n this CE.S,C, none of thcrnma.y exercise their rights as authors excep~ under the 
unanimous agreement of all the joim authors. In case ofdi~pute, ollEy a ('oart o!·)-';r';1 
Ln$tfmce shall have the right to settle the dispute 
Each of the joint authors shaIl have the right TO take preCEU!lOnary anct $t.!n~nlf.':\ 
proccd:.Jres upon the occurrence of any infrin,R.emenl of the authors~ right~ as wdl as 1<..) 
fiie cases for claiming his share of a."y com.pensation for damages he has ~ncllrred ,!{S a 
result of s11ch infringement. drticTe.J) 91 lP /N/1/KWT/CIl/Rev.1 
Page 11 
Shouid more than one person has contributed to the composition of a Literary work ):0 
that the part made by each can be separated ouC each one of them shall be ent'i1.red W 
utiliz:e the part which he has contributed pro .... idcd that this would not affect the 
utili7.inioo of the joint literary work unless they agree othero;ise in writing. 
Al'ri£.le J.20) 
Wit hout prejudice to the right of the aUlhor of the literary part of the lyrics of a musical 
literary work, the author of the musical part shall be so1ely el1titJ~d to license the public 
performance or the executions, publication or ieproduction of the whole Joint literary 
work. 
The author of the literary part shail have the right to publish his own part. Howc\·el, he­
may not dispose of this part as the basis for another musical literary work unless he and 
the.:omposer oUhe musicallitcrary work agree otherwise in writing. 
1 rlicle.1) 1) 
In the joint literary work which are performed as movements accompanied by music: amI 
all sinliiar literary works, the designer of the movement shal! be entit1ed to liccn5.e the 
public performance of the whole joint, iiterary work or the execution or reproduction 
tbereof 
The. author d the musical part shall have the right to dispose of this part o:"lly provided 
that it should not be ltsed for a lilerary work similar to the joint literary work unle~~ l,h~\' 
agree orhcrn'i se in writing. 
Tbe following shall be considered as pan-ners in the compilation of <1, cinematIc lilerary 
work or a literary work prepared for radio or TV. 
Firs1: The Author of the scenario orthe owner of the written idea oflhe literary work 
Second: The onc who modified toe literary pan of the literary work so as to n1ah i[ 
iitJitahle for such iirerary work, 
Third. The author of the dialogue 
fourth: The music composer jf such music i5 made specifically for the literary V"OI k 
Fifth:· The director if he exercised aC(u31 control over the literary work and mCldc H 
posrti\;c effort Vv1th respect to the inteliecwal aspects involved in achleving any of rhost' 
iiterary works 
If <t cinematic literary work OT a literary worK prepared for radio or TV IS simplified 
version of or he,S been derived from" another pervious liteI<l.ry work. the author or this 
literary work shaH be considered as a partner rn the new literary work IPINI1!KWT/CI1/Rev.l 
Page 12 
4rticle illl 
The author erf the scenario and the one who adapted the literary work and the Roth;)1 or 
l.h~~ dialogue and the director sh!l.ll together have !he right to display !hc movie or lhe 
literary work prepared for radio or TV despite the objection of the author of the origir,!d 
literary worh or the music composer, without prc:judice to the rights ofthe. objector 
a~sing from his contribution of the compilation 
fhe author nf the literary or musical pan shall have the right to publrsh his part of the 
literary work in another manner unless agreed othe[\~".ise in writing 
-d-rric;le (24) 
l f one of the !Jarticipants in the compilation of a musical literary work or 3. li(CrlHY work 
prepared for radio or TV did net compleJ.e his own paf1 or could not do so because-of 
c;rcum.')tanoc~ beyond his control, he shall not be entitled to pI event tht other 
pltrlicipunrs Cram llsing th;e part which he ha5. already completed:ano he :::n;::!1 be 
consid.ered the author of the porLion of the pan he has completed and shall have 
proporlionate rights. 
drlicl(' (25) 
The producer or a movie literary work or a literary work prepared fOi radio or TV shali 
he !he natural or artifici~l person who assumes the complelion thereof or \~'ho assumes 
responsibility for such completion or who provides the author of the literary work With 
[he necessary material means for oompletion of the literary work. 
(n all cases, the producer shall considered as (he publisher of the literary wcrk and $hail 
have all the publisher'S rights. 
DUling the period of utilization agreed upon the producer ShEdl be le:gal representative of 
the author of (he literary work and his successors vvith respect to any agreement on thl~ 
showing or utilization thereof without prejudice to the rights of the authors orihe: 
liter-ary or musical literary works unless agreed oiherw1se in v,Titing. 
Article (26) 
A collective is a literary work that is created by a group under the 
dj,enions of a natural or juristic person whereby the literary work of each panicipant 
can neither be separated nor distinguished. 
The person who directs the creation of this lite;-ary work and organizes it as a complied 
I itcrary work shaH be soleJy entitled to exercise rhe author's rights. 
·drride.flJl 
It the iiters.rv work is innovated reT the aCCQum of a na.TUTal Of juristic pt!fson. the 
tiutbor's rights shall be attributed to the invcnjDr unless an agreement i.n writing 
provides otherwise 4rtiff.fi]~ IPINIIIKWT/CIl/Rev.l 
Page 13 
Concerning literary works under IDl assumed name or which do not hear the author's 
r.ame_ 1he pubfisher whose name is registered on the Hrerary work shall be cOl13idered as: 
a1.1tboriz.ed by the author to exerci se his rights as presc.ribed in tbis law herein unless the 
contrary is el>tab(ished. 
Article (29) 
The person who takes photograph~ is :lot entitled to show, publish or distribUle lht' 
(1ri!.~inal or copres thereof without the pelmission of the persons whom he photographs 
u11iesIi it i~ agreed othcrvvise tn writing 
Thi.:; provision shall not be effective 'fThe photograph was published in rollDcction Wilh 
accidents which took place publicly or Ivhich <lre related to public offrcers or wdl­
known public persons or if the publication thereof is permitted hy the public aU1hofiiie~ 
in the public interest. 
I iowever in sllch cases, the photograph may not be shown or circulated if such an act 
would impair the bonor, reputation or dignity of the person who is the subje<.:t of the 
photograph. The person who is the suhject of the photography may permit publica.tion in 
newspapers and magazines and other similar publications even jfthe photographer do,;:s 
not permit tbis unless a written agreement provides otherwise 
These provisions shall apply to pIcture:;: whatever the r~lcthod of drawing th'~reol' 
including drawing. carving or by any ether means. 
Third Clwpter -Disposal of Cq!!!pJlatiQ!!....!iighis 
Arl.ide [,}O), 
The author may transfer to third parties the utilization rights prescribed for in the tv/o 
article (4), second paragraph and (5) hereof 
Ho'.Vc'tcr, tht transfer of one right shall nQr empower the transferee [0 exerci:::c any other 
rifillts. 
The disposai shal I be valid only when it is in writing and the right being disposeda.nd it:, 
extent. its objective, and period and place of utilization are clearly spccified. 
The author shall refrain from any ac.t tbat would materially impair d:e use 01' tht.: 
dlSPO:;cci right. 
The provisions relating ro the author's assignment ofthis financial rights shall apply in 
a.cCl)l-dancc with provision of this decree-;av./ relating to performing aftisi~ IP fNllIKWT ICIl/Rev.1 
Page 14 
A,rrid.L@ 11 
The author':, dIsposal of his rights to the literary work whether wholly Of partially m{!y 
be done on the basis of a proponio:1ate sharing of the revenue1\. re'>ulling [mm the 
Htiiiza.lion or on another basis. 
However, if it is found that the agreement is unfair to the rigbt~ ofrhc amhor \);-[f it 
becomes so as a result of circumstances occurring after the c.on1raC1 date, the (,.pur" 
laking the circumstances into account and after baiancing the imerest!:> of both panil.!:\, 
may rule thilt part oftbe net profit resulting from utilization Dfthe li1 crary work 0(' p;:id 
;0 the aurhor in ad.dition to the agreed a.mount 
c!iticle:-U 2) 
Each dispos?J of the rights provide,d for in the two arLicle (4), first paragraph. and (6) 
h'~re{lr $hnll he nult and void. 
jrtic;l.t;.J.33 ) 
An duthQr's disposal of his total future imellectual output shall be invalid. 
jrciC£e 1111 
Disf)osal of the title of the sole original copy of 11 literary work ofwhate"'e;- type shall 
not result in the transfer of the author's right in this literary w(Jrk Howevc,_ the 
rransferee of (he title to this copy !\lay no! be obliged to allow the author te reproduce u; 
pres.ent or shov" it unless it is other¥.iise agree in writing 
l'he author shali solely, if serious reasons anse, request the court offirst insl<wce- [0 
WiU'fd[-aw his literary work from circulation or introduce amendment's t'herelD despite lii:; 
dIsposal of this right to financial utilization In this case, the authOi shall pay to the on":: 
to 'Nhorn the rights of financial utilization have passed a fair compensation which "\l1U<.;t 
he raid within a time period specified by the court. otherwise the judgment will hcve )10 
fr' e,lect. 
171 ir.4..S ec.1i D.t! 
PrOCedu.r,g7;(fJi([ pc;nalties 
First Ch alm:.r -Procedures 
,irtleJeJ36J 
A judge of s:uwmary actions in a court of first instance may order, upon a TCQUCS1 from 
the autho~ or his successor and under an order issued subject to a petition, the i-ollov.,in.ii, 
procedures lD respect of each literary work published or shown without \.VrTttC'!\ 
p~nmssJon from the author or his successor, in violallon of the provislOm ofarlick C5i 
h:;rcoi' FirSl' Deta.iled description of the literary work. IPINI1 IKWT/CI 1 fRev.1 
Page 15 
Sec(md: Suspension of the publication, presentation or manufacturing of the hierRry 
work 
Third: Imposition of attachment against the original literary work or rt:; copies or rH{: 
materipj used for republishing this literary work. 
Fourth A recording of the public performance in connection 'Wi.th a copyright melody 
acting or presentation of a litera,y work to the public and prevention t.{'il!l' 
,:cmtinaancl:: of the existing show 01 pi·;)hibition. thereof in ~he future 
Fifth: CalcuiaJion of the revenues reSl!lting from publication or performance by an 
expert deJegated for this task :f necessary and the impoeitiol1 or attachmcilt 
against sllch revenues in all cases. 
The judge of summary actions Olil)' order that an expen be ddegated to IlS~I$1 thf:, 
execurion oft!ce and order the plaintiff to lodge an appropriate bail. 
The applicant shall file a case in t. competent couri within the eight days that foHow the 
delivery of the order. If the case is not Jiied within this period, all matters connected 
thereto shall be deemed null and vold. 
dr..{icle OJl 
,The party whose application W2S rcjec.ted and the one against whom the order W<lS 
dcji\'ercd milY object to such an order before the judge concerned cnd this does no; 
preclude the fiiling of the original case before the COUIt. Objection shall be; made using 
the ordinary procedures for filing c case Such an objection must be justified oiberv.!i~ 
it will be null and void, 
in l'espect or the compJaint, ajudgmenl shall be made to confirm, 2.mend or C8r!tti the: 
order A judgment may be made for the appointment of a re-.ceive:' for tbe displlted 
literary work, who shall be responsible for republishing showing, m~muf3cLuring l>, 
reproducing the literary work provided that the revenues arising should be lodged in th~ 
court treasury and the receivership shall be rermimJed upon unanimou~ 3grccmcnt or 
the concerned parties or by lhe coun';; judgment. The complaint agains[ that order shaH 
flot result in the stay of its exc.cutioll. 
Arc;c:/c (38) 
The court before which the matter in dispute is tiled may upon the request oftne a\ltli(!r 
of his deputy order the destruction of rhe copies of the literary work whiCh W!!!; 
unlnwfully published and the materie.ls. used. for publishing it, prcv1dcd that such 
materials may not be used for s.notheT literary work or le is 110t possible 10 dumge [he IPINIlIKWT/C/IlRev.1 
Page 16 
features of the COpIes ar..d the materials or make them unusable, at the respoftsible 
pnriy's expense. However, the court may. if the author's right shall expire after iesg [hal: 
tlNO years as of the date of the judgment is to be issued, and subject to non-prejudice 1u 
the author -); rights as stipulated in a.rticles (4) and (5), item C and (01, firs! pa ragraph. 
replace the judgment for destruction or changing the features to il judgment fll[ 
(~onlirmation of precautionary attachment for satisfying the compensation order:;(i in 
ravo[ of the aut.hor, however, no judgment rryay be issued for destruction changing the 
fe.atures, if 1he fj led dispute relates to a translat.ion of some literary work into Arabic in a. 
way that violates the provision of article ( 16), first paragraph. The judgme.nt sh(.ljt be 
limited lO confirma.tjon of precautionary attachment ofthe traLlslatcd literary work )n 
s8tisfaction of the compensation adjudged by this court in favour of the author. 
In ull cases in connection with the debl due to him arising form his cntillemem tl' 
compensatioli. the author shaH have a lien on the net sale prioe of the items end -the 
money attached for fultillment thereof The only lien that shall have pn(:rity (JVf:r the 
said lien is the court costs and nay expenses incurred in preserving and maintaining >;uch 
items ,md io collecting such fimds. 
clJ.1kl!:.fl21 
Th~ author's rigbt may nOt be subject to attachment but copies of the pubJished lherar\' 
work may be subject to attachment This provision covers literary ViGtKs whose OOWller 
died before [lubiication thereof unless it is concfusively proved th".! he intended tu 
publish it before this death_ 
Arti£le (4Ql 
Buildir.gs may not be :,ubject to attachment and no judgment mz.y be made for lh" 
destruction or confiscation thereof with the intention of preserving 1ht:: rights \)f'.sn 
an~hitcctural author whose design and drawings may have been unJa'wfully u!'ilized 
When an infringement occurs agamst one of all author's rights a!i s(atlJd herein. lhl: 
author shall be entitled to compensation. 
Any person \.vhn: S.ccond Chapf!!:r -Pe.n:alfie§. 
,1.rti~Ie (42) 
a-infringes the author's rights as provided for in articles 4,5_6, first !)aragra.ph. and 
12 hereof. 
b-SeLls or o£feTs for sale or circulates or broadcasts to the public in allY matlTlcr or 
brings in Of takes out of the country any imita_ted literary work. IPINIl!KWT/CIl/Rev.1 
Page 17 
v [)isclo~e or facilitates the discjosure of computer software: bd-ore pliblicati\~!, of 
the same, OT 
d-Removes or participates In the removal of a property righu that rCg'Jicnc:; or 
limits public access to literary work or the performance or the !ran~mis)ior. 01 
the recorded material, 
Shall be liable to imprisonment for a maximum of one year and a maximum penalty o( 
five hundred Kuwaiti dinars or either of these two penalties. The court may order lilt' 
confiscation of all tools used for unlawful publishing if such tOOtS are suitable onlv fDJ 
such publishing as well as the confiscation of all copies. 
The court may aiso order its judgment to be published in one or more newspaper~ al the 
expense of the c{)nvicted. Tfthe accused has a previou3 conviction tor committing Oilt ot 
the crimes stated herein and it is established that the accused committed one uf thc~c 
crimes within five years prior to the date ofthe la Lest judgment, the court may pel1alize 
him under his crime with a penalty exceeding tbe duly stipulated m3.xinmm limit 
provided that such increase in the penalty does not exceed half the said limjt «rd the 
court may aiso ord.er closure of the establishment used to commit the (~r1me fOT (I 
maximum of -:;[x months 
FourJ.h Pm1 
Qosing.Prm'isio!.!J. 
jttide (13) 
'vVithout prejudice to the provisions ohhe intemational conventions effective in thc. 
i'tate of KU\ovilit, the provisions of this jaw shall be operative upon the following: 
/\ The literary work of authors, nationals of State of Kuwait. which are published 
fit homer abroad 
B. LIterary works of Arab authofs of member Stale in the Arab Agrecme~1t (,I' 
protection of Author's rights, whicb are published in one of these ~tale5. 
C. Literary works of foreign authors which are published for the first time lfl rh~ 
State d KuwaIt. 
D. Literary works of authors, nationals of member States in the agreeihent nf"World 
organization of intellectu!!.l right:;, which shall be published for the first time. :n 
one oCthese countries. 
"1 he provisions of this law shall b", effective as to literary works retei,ed 10 in lile 
previous anicle existing in the operative d2.te. Provided that concern!!1.? th0 cali::ulz.tinll 
of the period of protection of these hterary works, the lapsed period should be inchtdecL IPINIlIKWT/C/IlRev.l 
Page 18 
from rhe date of the lncident speclf;.--ing. the start of period effectiveness till the date or 
operating this law. 
The provisions of thi~ law shaH be effective as to all incidents and the following 
contracts of its effective date, Once th-= same is related to literary works published o'r 
shown or represented before that cODl:eming contracts made before the efrectiven~&~ or 
this law, its provisions are not effective, rather, t.he same remain subject to lege.; 
provision which were effective at the time of its completion, 
The Minister of information deputizes the ne.cessary employees for the eni'orcemenr oi 
the provisions of this law_ These employees are entitled to enter the prcss, !ibraries . . 
publishjng leases and public places which deal with the literal), works subjec.1 to tOf 
prQ';(isions or this law to seizure !he fad and materials subject man'er of violaT10lii\nd 
making the necessary minutes, the have the right to seek the a!>sisrance of policemen in 
performing their tasks when necessary 
Covering violations which the ruling may close the facility, the informatiotl M~n!s:'el 
mayor whom he deputizes, to order the closure of the faci1iry wherein the violatiQE wa::, 
committed, till public prosecution er the court gives permission to open 11 IX the ado;] 
be ~cttlec! 
A,.'id~ (46) 
The public prosecution shall be held responsible for investigating, acting, Imd 
prosecuting in all crimes resulting from the implementation of the provisio-m of thi:; !a.w 
Al'tide (47) 
Every text contradictory to the provisions of this law shall be nullified. 
Article (48) 
-1 he \1inistcr of information shall issLle the necessary decisions for the implementation 
of this law, <:l.S well, Minister ofinfomlation shall issue a decision organizing the ~y5it;n; 
of lodging the literary work and its procedures., due fees, along with establishing the 
speei al Jegi;~kr for the entry of acts stated to the literary works subj ect LG 1 he Drov}"ion~ 
ofthis law, -±!tiE1e (491 
The Ministers -each of his concern, should implement this law. 
Amjr of Kuwait 
Jabcr Al-i\hmed Al-Sabah. 
issued in. bJ.Y"<ln }X11ace on 21 Ramadan 1420 H 
CDrresponding [0 29 Dec. J 999