RESTRICTED WORLD TRADE
ORGANIZATIONIP/C/W/232
20 December 2000
(00-5540)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Replies from Kuwait to questions posed by the European Communities
and their member States, Japan, Switzerland and the United States
By means of communications from the Permanent Mission of Kuwait dated 26 and
28 November 2000, the Secretariat has received copies of the following responses to questions certain
posed by the European Communities and their member States, Japan, Switzerland and the United
States, which were circulated in documents IP/C/W/219, IP/C/W/208, IP/C/W/207 andIP/C/W/215/Add.1 respectively.
1
_______________
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
A. G ENERAL
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
The content of this question shall be forw arded to the proper authority for details.
B. C OPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of authors
in relation to their literary and artistic works, as  specified in Article 9 of the TRIPS Agreement which
requires Members to comply with Articles 1-21 of the Berne Convention and the Appendix to the
Berne Convention (1971)).
The Kuwaiti law secured protection to the author in respect of copyright and other rights.  The
author is solely given the right to determine publication of his material and to specify the method of
such publication.  He has the exclusive right to utilize his material financially by any way hedetermines.  No one can exercise this right withou t a written permission from the author or from his
legal successor.  The author is also given the sole righ t to attribute the material to himself, to object to
or prevent any deletion or alteration or addition or to make any amendment to his material without his
permission.  This protection is secured to authors in literary, scientific or artistic fields whatever the
method of expression is and whatever the value of the work, as long as it is characterized by
                                                     
1 This document includes questions and responses which were circulated during the November 2000
meeting of the TRIPS Council in advance copies of both documents IP/C/W/232 and Add.1.IP/C/W/232
Page 2
innovative nature.  The Kuwaiti law observed all the provisions of the international conventions  (the
TRIPS Agreement and the  Berne Convention)
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The Kuwaiti law does not distinguish the protection given to computer software and databases
from that given to all other literary, artistic and scientific works.  It adhered to the provision of
Article 10 of the TRIPS Agreement and Articles 1 and 2 of the Berne Convention (1971).
4. Please state whether your legislation provides for a rental right and, if so, the works to which
it applies.
The lease rights, as on aspect of the financial utilization of materials in general, are reserved
by the Kuwaiti law.  It stipulates that prior approval  should be obtained for all the forms of utilization,
including the lease rights.  Thus the Kuwaiti legislator was keen to provide for the maximum degree
of protection, with an eye on the international convention including Article 11 of the TRIPS
Agreement, pursuant to Article 4 of the Kuwaiti law.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
Article 15 of the Kuwaiti law stipulates that:  "performers, such as actors, singers, players and
other performers shall have the right in their performance as created by them."  They enjoy the
financial right to utilize their performance by delivering their performance to the public or allowpublic fixation of the performance or copy, lease and delivering their fixed performance through
broadcasting or computer.  See also Article 25 of the same law.
6. Please state whether your legislation provides for any limitation or exception in relation to
each of the rights described above in accordance with the relevant provisions of the Berne and RomeConventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
As to exceptional events which the Kuwaiti law granted and not contradict with normal
financial utilization right of authors, it is stipulated in Articles 8, 9, 10, 11 and the texts of the same
are as follows:
Article 8:  If a person reproduces a copy of a pub lished work or translates it or quotes from it
or modifies it ii nay other manner for his personal use, the author may not prevent him fromdoing so.
However, such a work may not be published except under permission from its owner and the
author.
Article 9:  After publishing his work, the author may not prohibit its analysis and short
quotations from it where the purpose thereof is cr iticism, enlightenment, provided that the
reference to the original work and the author are clearly mentioned.
Article 10:  Newspapers, periodicals, radio, TV and other mass media may use, without the
author's permission, articles relating to the political, economic or religious discussions which
preoccupy the public opinion at a specific time as long as the quoted original does not contain
an explicit provision expressly prohibiting such publication.IP/C/W/232
Page 3
Article 11:  Newspapers, radio and mass media may, without the author's permission, publish
and broadcast by way of information, speeches, lectures and discussions given at public
sessions of the legislative and administrative chambers and scientific, literary, artistic,
political, social, and religious meetings as long as these speeches, lectures and discussions are
addressed to the public.
Judicial pleadings held in public may also be published without the author's permission within
the limits permitted by law.
As well, the second paragraph of Article 16 of the Kuwaiti law permitted the Minister of
Information to grant a licence concerning the transla tion of literary work into Arabic language or the
publication of the same after the lapse of one year as from the date of publication of the regionalliterary work or the translated one for the first tim e.  In such a case the author or the one whom the
right of translation have been transferred to him shall be compensated therefore all these texts has
observed the right of the author and not to harm the author.
7. Please state the terms of protection of each right described above and the work or subject
matter to which it applies.
Duration of prescribed protection as stipulated in Kuwaiti law for all these  rights are
explained in Article 17 which states that:
"Without prejudice to the provisions of the preceding Article, the protection of the author's
rights of finance utilization shall expire.
First:  Upon the lapse of fifty years after the death of the author.  This period shall be
calculated in the case of joint works as of the date of death of the last surviving author,
specifically as of the end of the calendar year in which the death occurs.
Second:  Upon the lapse of fifty years as of the end of the publishing calendar year in which
the work is published with respect to the following works.
(e) Works, which are published under an assumed name or without the author's name
unless the author reveals his identity during this period or his true name becomes
known to the public, in which case the said period will expire as contained in the firstitem.
(f) Works in which the entitled person thereto is in artificial person.(g) Cinema works, photographic works, applied arts, computer software and databases.(h) Works that are published for the first time after the death of their authors.Third:  Upon the lapse of fifty years as of the end of the calendar year during which the
performance was made in case of the actors and as of the end of the calendar year duringwhich the work was recorded in case of the producers of cinematic films, records or
recordings prepared for TV or video.
Fourth:  Upon the lapse of twenty years as of the end of the calendar year when the programs
were first transmitted in case of radio broadcasters.
Observed in the extension of these durations its accordance with what stated in Article 14.5 of
the TRIPS Agreement.IP/C/W/232
Page 4
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligation of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Concerning the contents of Article 18 of the Berne Convention and Article 9.1 of the TRIPS
Agreement regarding reservation of rights which are still under protection of copyright law in country
of origin, the Kuwaiti law equalized all rights as to its application as to the time under Article 44 of
the law which stipulated that:
"provisions of this law shall apply to all litera ry works referred to in the preceding affective
article on date of its effect of the law provided that regarding calculation of production period
of these literary works it should include the period which has been lapsed as from the date ofthe fact determines the effective date of the period till the effective date of this law".
Then it shall not differentiate in dealing among literary works or literary works of another country.C. T
RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
A Trademark is any object made of a distinctive shape whether of words, signatures, letters,
figures, designs, symbols, addresses, stamps, pictures, carvings or any other mark or partial or total of
a mark, if it is used or intended to be used in distinguishing goods or products for the purpose ofindicating that they are belonging to the owner of the said Trademark by the reason of their
manufacture, selection, trading or display for sale.  It is protected by commercial law.
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
Services:  a trademark related to a service is protected under Article 3 of the Ministerial Act
No. 8 of 1995.
Signs:  a suggested amendment made by the government is under parliamentary approval
process.
Trade names:  suggested amendment made by the government is under parliamentary
approval process.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
The inquirer shall be approached to provide further clarifications.
12. Please confirm whether or not your legislation permits that the registration of trademarks be
indefinitely renewable.
Trademark renewal: an application for renewal must be submitted at the elapse of ten years,
during the last year of protection .  Renewal delay causes withdrawal of trademark protection.IP/C/W/232
Page 5
13. Please describe the special requirements, if any, prescribed by your legislation concerning
the use of a trademark.
The inquirer shall be approached to provide further clarifications .
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
The inquirer shall be approached to provide further clarifications.
15. Please give the definition of a geographical indication in your legislation.
The definition of a Geographical Indication is not mentioned in the Kuwaiti commercial law.
Furthermore, the content of this question shall be forwarded to the proper authority for searching the
availability of the abovementioned definition.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
The inquired link is not mentioned in the commercial law.
17. Please describe how additional protection is granted by your legislation to wines and spirits.
Please mention other types of products, if any, covered by this additional protection.
Since acquiring, marketing or importing wines and spirits is prohibited.  So, protection of
such marks may be rejected for resulting in a breach of morality and public order.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
The content of this question shall be forw arded to the proper authority for details.
E. I NDUSTRIAL DESIGNS
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs are
protected.
Article 35 of Law No. 4 of 1962 states:"For the purpose of the application of this law, any arrangement of lines or any type of figure,
whether coloured or uncoloured, designed for use in industrial production by a mechanical,
manual or chemical process shall be considered as a design or industrial model."
The inquirer shall be approached to provide further clarifications about the method of
protecting industrial designs.
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.IP/C/W/232
Page 6
The period of protection is five years starting from the date of the application.  The period is
renewable another two successive periods by submitting an application of renewal during the last year
of protection.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
[No reply submitted]
22. Please indicate for what period of time your  legislation grants protection for industrial
designs.
[No reply submitted]
F. P ATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Article 1 of Law No. 4 of 1962 states:
"Patents shall be granted in accordance with th e provisions of this law for any new invention
which is utilizable in industry whether it concerns new industrial product, original industrial
process and techniques or a new application of known industrial process or techniques."
24. Please explain whether or not in your legislation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
Article 2 states:
"Patents shall not be granted in respect of the following:
1. inventions whose utilization results in a breach of morality or public policy;2. chemical inventions relating to foodstuffs, medicines or pharmaceutical formula
unless such products are made by special chemical methods or processes.  In the latter event,
the patent shall not be issued for the products themselves but for the method of their
preparation."
Note: the government has submitted a suggested amendment to Article 2(2).
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
Further explanation shall be provided later for reference and collection of data.
26. Please explain whether or not diagnostic, th erapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your legislation and
explain its formulation.IP/C/W/232
Page 7
Not mentioned in the law but the government has suggested to Parliament that they be
excluded from protection.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Not mentioned in the law but the government has suggested to Parliament that they be
excluded from protection.
28. Please describe how micro-organisms, non-essentially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain, in this respect, the
relevant sections of your legislation.
The government has suggested to the Parliament that this be under protection.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
The content of this question shall be forwarde d to the proper authorities for information.
30. Please state if your legislation provides for patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
The government has submitted a suggested amendment to provide protection for
pharmaceutical and chemical products.  Agricultural products were not mentioned as exclusion of
protection .
31. Please clarify if the patent protection of a process, as provided for in your legislation, covers
the product obtained directly by that process.
Not specified in the law.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislations and describe the additional conditions in detail.
Not specified in the law.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
[No reply submitted]
34. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.IP/C/W/232
Page 8
Article 29 of Law No. 4 of 1962 states:
"Where the invention is not utilized in Kuwait w ithin three years from the date of granting of
the patent, or where the owner is unable to utilize it adequately to meet the needs of the
country, or where the utilization of the invention has been stopped for a minimum period of
two consecutive years, the trademarks control office may grant a compulsory licence for theutilization of the invention to any person to whom  the patent owner has refused to transfer the
right of utilization or has made such transfer conditional upon the fulfilment of exorbitant
financial terms.
The compulsory licence shall be granted on condition that the applicant is able to utilize the
invention effectively, and the patent owner shall be entitled to a suitable compensation.  The
trademarks control office shall forward a copy of the application to the patent owner who
shall submit to the control office, within the period specified in the regulations, a written replyto the application.  Where the reply is not received within the prescribed period, the
trademarks control office shall issue its decision regarding the acceptance or the rejection of
application.
The control office may make its acceptance subject to such conditions as it may deem
necessary and its decision shall be challengeable before the court within a period of thirtydays from the date of its notification to the person concerned."
35. Please explain how your legislation explicitly ensures that a proposed user has made efforts
to obtain authorization from the right holder on reasonable commercial terms and conditions and that
such efforts have not been successful within a reasonable period of time.  In this context, how do you
define "reasonable period of time".  Please also explain how your legislation ensures that the use of acompulsory licence shall be authorised predominantly for the supply to the domestic market of the
Member authorizing such use.
Please see the reply to question 34 above.
36. Please state if your legislation grants additional protection for innovations after the 20 years
of patent protection has lapsed.
Not specified.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
The inquirer shall be approached to provide further clarifications.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
The inquirer shall be approached to provide further clarifications.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Layout-designs (topographies) of integrated circuits are not included in the law, but a
suggestion has been submitted by the government to the Parliament for approval so as to include
layout-designs (topographies) of integrated circuits.IP/C/W/232
Page 9
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
Please see the reply to question 39 above.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit that
it contains an unlawful topography.
Please see the reply to question 39 above.
42. Please state the term of protection granted by your legislation to topographies.
Please see the reply to question 39 above.
H. P ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislation grants a defined period of time for the
protection of undisclosed information.  If so, please give the time span.
Kuwaiti Law No. 64 of 1999 guaranteed protection of such undeclared information.  Article 4
of this law given the author the exclusive right to determine publication of his work.  Hence anyonewho discloses such information without prior consen t from the right owner or his legal successor is
considered in the eye of the Kuwaiti law an infringer.
The duration of protection is determined according to the classification of such information
and the type of the right involved therein as per Article 17.
44. Please explain how your legislation defines "undisclosed information".
The Kuwaiti law did not define the undeclared information as there is no need for such
definition since the linguistic and literal meaning of the word is clear.
45. Please explain how your legislation defines da ta submitted to governments or governmental
agencies.
The Kuwaiti law, like the laws of several other countries, provides no differentiation as to
protection between the various types of undeclared information, whether owned by governments,
institutions, agencies or individuals.
I. E
NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
The effective steps guaranteed by the Ku waiti law to face any infringements or
encroachments of the proprietary rights are provided for in a separate chapter in the relevant law.  In
section one of the law, Article 36(4) provides for the precautionary and summary proceedings that canbe aggrieved party resort to.  In section two, Article 42 provides for the penalties prescribed for suchIP/C/W/232
Page 10
infringements including imprisonment, fines, confiscation of the infringed materials and closure of
infringing firm.
47. Please explain whether or not your legislation provides for a mechanism to appeal to judicial
bodies of final administrative decisions.
The steps provided for by the law for attaining final judiciary judgements against infringers
are stipulated in Article 48(1), which gives the concerned minister the authority to issue the executive
orders.  Thus the concerned ministers issued orders giving a number of their officials the capacity of
judicial apprehension and the right to enter and inspect the places where such crimes are committed,
and to issue the reports thereon.  Infringement cases are referred to the public prosecution which has
the charging authority, and in turn refers the case s to the court being the trial authority which issues
the binding verdicts thereon.
48. Please describe how your legislation authorizes judges to order production of evidence by the
opposing party.  Please give precise information on what measures are taken to ensure the protection
of confidential information.
The Kuwaiti Intellectual Property Rights Law did not consider the issue of secrecy that
should be maintained for successful and fruitful apprehension attacks.  Such secrecy is, however,
provide for in the penal law and penal proceedings law, which  provided for secrecy of investigations
and publicity of trials.  All the procedures for collection of evidence and technical aspects of the
apprehension attacks are included in these procedures.
49. Please quote provisions of your legislati on that authorize judges to order a defendant to
desist from an infringement.
This is provided for in clause two of article 36, which states that the summary judge of the
court of First Instance may, upon the request of the author, prevent publication, display or
manufacturing of the work if it is published, disp layed or manufactured without written permission
from the author or his legal successor, in contrary with the provisions of the law.
50. Please quote what provisions of your legislation authorize judges to order the payment to the
right holder of adequate damages to compensate the injury he suffered.
The Kuwaiti law provides for the proprietor's entitlement to compensation for the damage he
sustains as a result of infringement, as lone, as the mistake and the damage are related by cause, as per
the general rules of the Kuwaiti civil law, Article 38 of the Kuwaiti Intellectual Proprietary RightsLaw No. 64 of 1999 stipulates that "in all cases, the author's right to recover the debt arising from the
compensation shall have performance over other debts on the net proceeds of sole and the seized cash.
Such right shall be second only to the court fees  and expenses spent for maintaining the staff and
recovery of such amounts".
51. Please quote what provisions of your legislation authorize judges to order the payment of the
right holder's expenses by the infringer.
Article 38 of Law No. 64 of 1999 provided for this right, which is related in the court,
authorizing it to allow, upon the author's request, to destroy the copies or duplicates of the work that
has been published through illegal ways etc.
52. Please explain if and how judges have the authority to order than infringing goods are placed
outside channels of commerce or destroyed.IP/C/W/232
Page 11
[No reply submitted]
53. Please quote what provisions of your legislation authorize judges to indemnify a defendant in
the event of abuse by the plaintiff.
The general rules of the penal law provides for protection of the aggrieved harassment.
Therefore there was no need to repeat the same in this law.
54. Please explain how your legislation impl ements Article 50 of the TRIPS Agreement.
The Kuwaiti law sets forth the same provision of Article 50 of the TRIPS agreement, through
the precautionary, summary or investigatory proceedin gs and the authorities invested in the court, as
per the provisions of Articles 36-38.
55. Please identify the competent authorities in your jurisdiction who receive requests from right
holders for an application to suspend the release of counterfeit goods by the customs authorities.
The competent authority to receive applications for prevention of imitated works apprehended
by the customs authorities is the investigation a nd conviction authority which rests with the summary
matters judge of the court of First Instance, who can issue a summary order to stop such illegal
publication.
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
The tools through which any imitated goods or unlawful works can be apprehended upon
importation or exportation.  This can effected by the operation of Article 42 of Law No. 64 of 1999which considers such acts incriminating  and prosecutable.
57. Please quote what provisions of your legislation authorize the competent authorities to order
the destruction or disposal of infringing goods.
[No reply submitted]
58. Please indicate whether or not your legislation provides for a de minimis imports exception.
[No reply submitted]
59. Please explain how your legislation impl ements Article 61 of the TRIPS Agreement.
[No reply submitted]IP/C/W/232
Page 12
JAPAN
A. C OPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of the national treatment and most-favoured-nation
treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in Articles 3 and 4of the TRIPS Agreement.
The question is concerning what is stated in the provision of Articles 3 and 4 of the TRIPS
Agreement with respect to exceptions that the State of Kuwait grants to other country's citizens,
pursuant to the commitment principal of granting citiz ens of Member states a dealing not less than the
prescribed treatment that Kuwait grants to its citizens.  Also, the request of indicating whether
Kuwaiti law grants any advantage or preference or immunity to any other country whether that is
related to copy rights or the neighbouring rights.
In this respect, we advise that Kuwait Law No. 64 of 1999 with respect to the protection of
intellectual property rights did not include any exce ptions., did not grant any privileges or preferences
to the citizens of any country, rather its provisions include citizens State of Kuwait along with the
citizens of any other country, without any differen ces with respect to the protection of copyrights or
the neighbouring rights.
SWITZERLAND
A. P
ATENTS
1. Are all categories of products subject to patent protection under your law or are there any
exceptions.  If so, please explain in detail what these exceptions are and how they apply.
Patents shall not be granted in respect of the following:
1. inventions whose utilization results in a breach of morality or public policy;
2. chemical inventions relating to foodstuffs, medicines or pharmaceutical formula
unless such products are made by special chemical methods or processes.  In the latter
event, the patent shall not be issued for the products themselves but for the method of
their preparation.
Note:  amendment of such to be included as patentable is under attestation process in the
Parliament.
2. Does your law, in accordance with Article 27.1 in combination with Article 31 of the TRIPS
Agreement, recognize importati on as "working a patent" (and therefore preclude compulsory
licences)?IP/C/W/232
Page 13
Article 1 of Kuwaiti Law No. 4 of 1962:
Patents shall be granted in accordance with the provisions of this law for any new invention
which is utilizable in industry whether it concerns new industrial products, original industrial
process and techniques or a new application of known industrial process or techniques.
Article 29 of Kuwaiti Law No. 4 of 1962:Where the invention is not utilized in Kuwait within 3 years form the date of granting the
patent, or where the owner is unable to utilize it adequately to meet the needs of the country,
or where the utilization of the invention has been stopped for a minimum period of two
consecutive years, the trademarks control office may grant a compulsory licence for the
utilization of the invention to any person to whom  the patent owner has refused to transfer the
right of utilization or has made such transfer conditional upon the fulfilment of exorbitant
financial terms.
The compulsory licence shall be granted on condition that the applicant is able to utilize the
invention effectively, and the patent owner shal l be entitled to a suitable compensation.  The
trademarks control office shall forward a copy of the application to the patent owner who
shall submit to the control office, within the period specified in the regulations, a written reply
to the application.  Where the reply is not received within the prescribed period, thetrademarks control office shall issue its decision regarding the acceptance or the rejection of
application.
The control office may make its acceptance subject to such conditions as it may deem
necessary and its decision shall be challengeable before the court within a period of thirty
days from the date of its notification to the person concerned.
Note: wherever mentioned the term "trademark control" changed to "trademark and patents
department".
3. Does your legislation provide for the principal of the reversal of burden of proof in a process
patent litigation? Please name the relevant law and explain the relevant sections.
This question has been forwarded to the Ministry of Justice of Kuwait.  The answer shall be
forwarded as soon as it is received.
B. P
ROTECTION OF UNDISCLOSED INFORMATION
4. Please explain in detail if your legislation ensures that undisclosed and confidential test data
or other data submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a second
applicant from relying on, or from referring to the original data of the first applicant, when applyingsubsequently for market authorization for his own product. Does your legislation provide for
exceptions to this? If yes, under what conditions would such exceptions apply?
This is not specified in Law No. 4 of 1962, but a further reference shall be made to the proper
authority for more legislative investigations.IP/C/W/232
Page 14
UNITED STATES
A. G ENERAL
1. With respect to each form of intellectual property covered by Part II of the TRIPS Agreement,
including plant variety protection, please explain th e manner in which the laws of Kuwait ensure that
nationals of other WTO Members receive national treatment and most-favoured-nation treatment as
required by Articles 3 and 4 of the TRIPS Agreement.  Please cite to the relevant provisions of law.
[No reply submitted]
B. C OPYRIGHT AND RELATED RIGHTS
2. Please explain how Kuwait's copyright law protects computer programs as literary works  and
complications of data as required by Article 10 of the TRIPS Agreement and cite to the relevant
provisions of the law.
Computer programs whether they are in language of exporter or language of the machine the
same are provided with protection as the same are considered as literary works and also data base if it
constitutes innovative intellectual creation under paragraph (K) of the second article of Kuwait LawNo. 64 of 99 concerning of intellectual property rights which stipulates that protection includes
particularly the following literary works:
(K) The literary works of computer programs, database and the like.
This protection has been provided in complying with text of tenth article of TRIPS agreement.
3. Article 11 of the TRIPS Agreement requires that in most circumstances rental rights be
provided with respect at least to computer programs and cinematographic works and Article 14.4
requires that rental rights be provided to producers of phonograms.  Please describe how Kuwait'slaw on copyright and neighbouring rights ensures that the required rental rights are provided and
cite to the relevant provisions of law.
Concerning rights of lease, Kuwaiti law, considering that this right is a shape of financial
utilization shapes of literary works in general including computer programs, cinema works aiming at
keeping and protecting these rights which imposed obtaining prior approval for all utilization shapes
including bring right in ad literary works where as Kuwaiti legislator followed the utmost degrees of
protection complying with clauses of international agreements in this concern that under text of
Article 4 which stipulated that "author only has right to decide publishing his literary works and
defining the way of this publication and he has solely right to utilize this literary work at any way of
utilization and no body else is entitled to conduct this right without prior written permission by him or
from his successor.
4. Please identify the term of protection available with respect to works and with respect to each
form of neighbouring rights under Kuwait's law on copyright and neighbouring rights and cite to the
relevant provisions of law.
Durations of prescribed protection as stipulated in Kuwaiti law for all these rights are
explained in Article 17 which states that:IP/C/W/232
Page 15
"Without prejudice to the provisions of the preceding article, the protection of the author's
nights of finance utilization shall expire:
First:  Upon the lapse of fifty years after the death of the author. This period shall be
calculated in the case of joint works as of the date of death of the last surviving author,
specifically as of the end of the calendar year in which the death occurs.
Second:  Upon the lapse of fifty years as of the end of the publishing calendar year in which
the work is published with respect to the following works.
(a) Works, which are published under an assu med or without the author's name unless
the author reveals his identity during this period or his true name becomes known tothe public, in which case the said period will expire as contained in the first item.
(b) Works in which the entitled person thereto is an artificial person.(c) Cinema works, photographic works, applied arts, computer software and databases.(d) Works that are published for the first time after the death of their authors.Third:  Upon the lapse of fifty years as of the end of the calendar year durin.11 which the
performance was made in case of the actors and as of the end of the calendar year duringwhich the work was recorded in case of the, producers of cinematic films, records or
recordings prepared for TV or video.
Fourth:  Upon the lapse of twenty years as of the end of the calendar year when the programs
were first transmitted in case of radio broadcasters.
Observed in the extension of these durations its accordance with what stated in Article 14.5 of
the TRIPS Agreement.
5. Article 13 of the TRIPS Agreement obliges WTO Members to confine any limitations or
exceptions to copyrights to certain special cases that do not conflict with the normal exploitation of
the work and do not unreasonably prejudice the legitimate interests of the right holder.  Pleasedescribe any and all limitations and exceptions to copyrights provided under Kuwait's law on
copyrights and neighbouring rights and cite to the relevant provision of law.  Please indicate how
Kuwait ensures that those limitations and exceptions do not conflict with the normal exploitation of
works and do not unreasonably prejudice the legitimate interests of the right holder.
As to exceptional events which the Kuwaiti Law granted and not contradict with normal
financial utilization right of author, it stipulated in Articles 8, 9, 10, 11 and the texts of the same are as
follows:
Article 8:  If a person reproduces a copy of a pub lished work or translates it or quotes from it
or modifies it in nay other manner for his pers onal use, the author may not prevent him from
doing so.
However, such a work may not be published except under permission from its owner and the
author.
Article 9:  After publishing his work, the author may not prohibit its analysis and short
quotations from it where the purpose thereof is criticism, enlightenment provided that the
reference to the original work and the author are clearly mentioned.IP/C/W/232
Page 16
Article 10:  Newspapers, periodicals, radio, TV and other mass media may use, without the
author's permission, articles relating to the political, economic or religious discussions which
preoccupy the public opinion at a specific times as long as the quoted original does. not
contain an explicit provision expressly prohibiting such publication.
Article 11:  News papers, radio and mass media may, without the author's Permission, publish
and broadcast by way of information. speeches, lectures and discussions given at. public
sessions of the legislative and administrative chambers and  scientific, literary, artistic,
political, social, and religious meetings as long as these speeches, lectures and discussions are
addressed to the public.
Judicial pleadings held in public may also be published without the author's permission within
the limits permitted by law.
As well the second paragraph of Article 16 of the Kuwaiti law permitted the minister of
information to grant a licence concerning the transla tion of literary work into Arabic language or the
publication of the same after the lapse of one year as from the date of publication of the regional
Literary work or the translated one for the first time .  In such a case the author or the one whom the
right of translation have been transferred to him shall be compensated therefore all these texts has
observed the right of the author and not to harm the author.
6. Please describe in detail the rights provided under Kuwait's law on copyright and
neighbouring rights to performers, broadcasters and producers of phonograms and cite to the
relevant provisions of law.
All these rights and the decision of legal protection for the same were stated under Article 15
of Kuwaiti Law which  stipulates that:
"artists such as actors, singers, musicians and others are entitled to have a performance
attributed to them in the form in which  they performed it.  They are also entitled to the
financial right to utilize their performance whether through personating their performance to
the public or by making available to the public the original recordings of the performance or
copies thereof or the rental thereof or by making their recorded performance available to the
public through radio or computer.
Radio stations are entitled to the financial righ ts of a license to use their recorded materials
and to prevent utilization of their programs without prior written permission from them."
7. Article 18 of the Berne Convention, as incorporated into the TRIPS Agreement by Article 9.1
of the TRIPS Agreement requires that copyright be restored for works that are still are protected
under copyright in their country of origin and have not had a full term or protection in Kuwait.
Please describe in detail how Kuwait has implem ented this obligation and cite to the relevant
provisions of law.
Concerning the contents of Article 18 of the Berne Convention and Article 9.1 of the TRIPS
Agreement regarding reservation of which are still under protection of copyright law in country of
origin, the Kuwaiti law equalized all rights as to its application as to the time under Article 44 of the
law which stipulated that "provisions of this law sh all apply to all literary works referred to in the
preceding effective article on date of its effect of the law provided that regarding calculation of
production period of these literary works it should include the period which has been lapsed as fromthe date of the fact determines the effective date of the period till the effective date of this law".  Then
it shall not differentiate in dealing among literary works or literary works of another country.IP/C/W/232
Page 17
8. Article 14.6 of the TRIPS Agreement requires that protection be restored for phonograms that
are still under protection of copyright or neighbouring rights law in their country of origin and that
have not had a full term of protection in Kuwait.  Please describe in detail haw Kuwait has
implemented this obligation and cite to the relevant provisions of law.
Please see the answer to question 7 above.
C. T RADEMARKS
[No replies submitted]
D. G EOGRAPHICAL INDICATIONS
[No replies submitted]
E. I NDUSTRIAL DESIGNS
[No replies submitted]
F. P ATENTS
[No replies submitted]
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
[No reply submitted]
H. P ROTECTION OF UNDISCLOSED INFORMATION
[No replies submitted]
I. E NFORCEMENT
28. Please describe in detail what civil actions and what civil remedies are available under
Kuwait's laws to right holders of each kind of intellectual property covered by Part II of the TRIPSAgreement, including plant variety protection, that permit effective action against any act of
infringement to prevent infringement and deter further infringement, and cite to the provisions of law
providing for those remedies.
[No reply submitted]
29. Please state whether decisions on the merit in court proceedings are provided in writing and
if those written opinions are available to the public so that people can become familiar with the law.
[No reply submitted]
30. Please describe what civil provisional measures are available to right holders under Kuwait's
laws, describe the procedures that must be followed and cite the relevant provisions of law.
[No reply submitted]
31. Please describe in detail the procedures under Kuwait's laws, at least with respect to
counterfeit trademarked goods and pirated copyrighted works, that allow right holders to requestIP/C/W/232
Page 18
customs authorities not to release goods into free circulation and cite to the relevant provisions of
law.  Please indicate if the customs authoritie s have ex officio authority to take such action.
Concerning procedures stated in Kuwaiti law regarding imitated stocks concerning pirated
copyrights and give owners of rights claiming customs department not to release these stocks. In this
respect, it is more worth to mention that Article 42 of Law No. 64 of 1999 which consider such actsand deeds are within criminated matters and punished for where paragraph (B) of this Article
stipulated that being punished with stipulated penalty  under this Article who sold or offered for sale or
circulation or broadcaster for the public entered inside the country or take out of the imitated stocks at
any way imitated literary work.
Regarding the inquiry if Customs department has the power that authorizes the same to
perform such procedures.  Accordingly and as the customs department has the judicial disciplinaryauthority during carrying out its functions therefore the law has authorized the same to discipline any
acts constitute crime an accordance to any applicable  national law applied in the country including the
Kuwaiti Intellectual Property Rights Law that includes all the rights and adapting the legal procedures
against violators.
32. Please indicate whether border enforcemen t is available with regard to other forms of
intellectual property rights and cite to the relevant provisions of law.
Regarding place borders and applications of Kuwaiti of the intellectual property rights
protection.  We had indicated the same through Article 433 thereof, which includes the literary works
of non-Kuwaiti authors and that published for the first time in State of Kuwait also literary the citizensof member states in the agreement of world organization of intellectual rights that published for the
first time in one of these stares.
33. Please describe in detail how Kuwait implements the remaining provisions of Section 4 of
Part III of the TRIPS Agreement, citing to the relevant provisions of law.
[Reply not submitted]
34. Please describe in detail the criminal actions and remedies that are available under Kuwait's
laws with respect to counterfeit trademarked goods and pirated copyrighted works and cite to the
relevant provisions of law.
The effective steps guaranteed by the Kuwaiti Law to face any infringements or
encroachments of the proprietary nights are provided for in a separate chapter in the relevant law.  In
section one of the law, Article 36(4) provides for the precautionary and summary proceedings that can
be aggrieved party resort to.  In section two, Article 42 provides for the penalties prescribed for such
infringements including, imprisonment, fines, confiscation of the infringed materials and closure of
infringing firm.
The steps provided for by the law for attaining final judiciary judgements against infringers
are stipulated in Article 48(1), which gives the concerned minister the authority to issue the executive
orders.  Thus the concerned ministers issued orders giving a number of their officials the capacity of
judicial apprehension and the right to enter and inspect the places where such crimes are committed,and to issue the reports thereon.  Infringement cases are referred to the public prosecution which has
the charging authority, and in mm refers the cases to the court being the trial authority which issues
the binding verdicts thereon in case of conviction.
35. Please indicate the authorities responsible for criminal actions involving intellectual property
rights and indicate whether their authority extends to other forms of intellectual property rights.IP/C/W/232
Page 19
With respect to inquiry of the authorities res ponsible for criminal action regarding intellectual
property rights.  These authorities are represented by public prosecution specifically, commercial
affairs prosecution in its capacity as the authority of investigation, acting and prosecution with respect
to all crimes resulting from implementation of the pr ovisions of this law.  Also issuing entry permits
inspection and taking hold of the discipline of violations in private places, which the access to thesame is difficult without this permission.  The competent authorities is in turn, transferring such
violation to the concerned criminal court which render a judgement in the crime, under the provisions
of this law.
36. Please explain whether and under what circumst ances seizure, forfeiture and destruction of
infringing goods and any materials and implements are available as remedies in willful trademark
counterfeiting or copyright piracy cases and describe the conditions under which such penaltieswould be imposed.
As for circumstances of seizure, imposing fines and destruction of goods violating copyright
law, such circumstances in the actual aggression by copying and counterfeiting those works with the
purpose of exploiting and publishing the same intentionally and exploiting the same commercially
without the permission of its owner or their representatives and upon the ascertainment of committingthe violation through conviction by the competent court which imposes the penalty against the
accused, and orders to adopt the previous procedures.
37. Please provide statistical information related to civil copyright, trademark, geographical
indication, industrial design, patent, integrated circuit layout-design, and trade secret enforcementfor each of the years 1998 and 1999, including the number of cases filed;  injunctions issued;
infringing products seized;  infringing equipment seiz ed;  cases resolved (including settlement);  and
the amount of damages awarded.
Concerning the statistics related to copyrights and the counterfeited works which have been
Violating the provisions of this law since the date of its issuance and being effective and the numberof the cases which are still under consideration  by judicial bodies.  A statement of the same is set out
in Annex II below.
38. Please provide statistical information related to criminal enforcement in the area of copyright
piracy and trademark infringement for each of the years 1998 and 1999, including the number of
raids, prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other information
establishing that the criminal system operates ef fectively to deter copyright piracy and trademark
counterfeiting.
Regarding the criminal execution of piracy of copyrights and the number of raids of
inspection, actions, convictions, fines and bail terms, though the year of 1989-1999.
It is worth mentioning that Kuwait law with respect to Kuwait Intellectual Property Rights
Law No. 64 of 1999 had been promulgated on 9 Ja nuary 2000.  The same had been started its
implementation as of 9 February 2000 hence, all violations raided related to copyrights, which we
have indicated in the statistical statement had been made under this law and still under deliberation by
to the judicial authorities.  The law did not include the violations of 1989-1999.
39. Please describe any new initiatives that are planned to improve enforcement of intellectual
property rights in Kuwait, particularly initiatives related to criminal enforcement.
The official concerned authorities in the State of Kuwait are exerting their most efforts to put
Kuwait intellectual property rights into effe ct and reaching best results in combatting  piratedIP/C/W/232
Page 20
copyrights: in on faith of the necessity of putting an end to these uncivilized phenomena, encouraging
the authors and committing to the international agreements signed by state of Kuwait, that will play
effective and great role in enriching the cultural scientific movement as well as boosting the economic
movement.
All government authorities are holding a lot of training courses and seminars to its employees
concerned with the criminal enforcement of this law, considering the same as the final and expected
end of the provisions of these laws along with taking into consideration the updated technology as
tools for the completion of these tasks, together with its participation in all regional and international
conferences, being held to raise the standard of performance of those staff which has clear evidence in
fighting the piracy in the past period.IP/C/W/232
Page 21
ANNEX I
Ministerial Order 106/2000
Conferring judicial apprehension capacity upon some officials of the Artistic works
Department Ministry of Information.
Having reviewed the decree establishing the Ministry of Information, dated 7 January 1979
the Publications and Literature Law No. 3 of 1961 as amended as well as Law No. 64 of 1999
concerning Intellectual Proprietary Rights
hereby decidesArticle OneThe following officials of the Ministry of information shall given judicial apprehension
capacity:
1. Qannas Hamad Al Odwani
2. Asad Abdul Làtif Al Khalifa
3. Abdullah Khaleel Al Tulaihi
4. Waleed Khaled Al Zayed5. Dakheel Hamad Al Qahtani
6. Faisal Khalifa Al Khaledi
7. Basheer Mas Al Mas
8. Thamer Bader Al Barazi
9. Sabah Salman Shaher10. Adel Mohammed Al Kandari
11. Nimur Najed Al Rashidi
12. Khalaf Abdullah Al Sola
13. Hasan Al Man'e
14. Yousef Abdul Aziz Al Qana'e
15. Waleed Mohammed Al Khalaf
16. Waleed Khaled Al Najjar17. Ali Ahmed Al Man'e
18. Khalaf Falah Al Mutairi
19. Hamad Ahmed Al Shati
20. Bader Faleh Jafar
21. Bader Nasser Al Muteiri22. Mohammed Saleem Al Subaie
23. Manahi Saud Al Shaheen
Article Two
The Under-secretary and assistant under secretar ies shall, each within his own competence,
implement this order with effect from 1 June 2000, which shall surpass all contrary orders.
Minister of Information
Dr. Saad Bin Tafla Al AjmiIP/C/W/232
Page 22
ANNEX II
A statement of artistic work apprehensions - Ministry of Information
after the enactment of the Intellectual Proprietary Rights Law No. 64 of 1999
Work No. of apprehensions
Video prints 34037 tapes
Audio prints 17593 tapes
Computer 3823 CDs
Computer (hardware) 34 sets
Playstation 24419 CDs
Salemen 40473 tapes
Twenty case have been referred to the court, and are currently under processing.
_______________
ANNEX III
State of Kuwait
Ministry of Information
The Artistic Works Department - Ministry of Information urges to all institutions,
individuals, companies and various occupational offices as well as the press and
publishing houses and other entities to comply with the Intellectual Proprietary Rights
Law No. 64 of 1999.  The Ministry of Information hereby calls upon these entities toabide by the provisions of this law, and warns all those who sell, deal with or use any
imitated copies of computer softwares, which should be original.
Therefore, all such entities are urged to dispose of the imitated copies they may have
to avoid liability and being liable to prosecution.
__________