RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/KWT/1
IP/Q2/KWT/1
IP/Q3/KWT/1
IP/Q4/KWT/1
13 December 2001
(01-6322)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
KUWAIT1
The present document reproduces the introductory statement made by the delegation of
Kuwait, the questions put to it and the responses2 given in connection with the review of legislation
undertaken at the Council's meeting of 27-30 November 2000.3
_______________
I. INTRODUCTORY STATEMENT
My delegation believes that the new and revised intellectual property legislation of the State
of Kuwait conforms with the provisions of the TRIPS Agreement.  Furthermore, the State of Kuwait
acceded to the World Intellectual Property Organization in 1998 in a move to join the worldcommunity concerning this important agreement.  Also, we are thriving whole-heartedly to keep our
commitments in the area of intellectual property rights.  Since the State of Kuwait signed the Final
Act embodying the results of the Uruguay Round negotiations in 1994, we have been fully aware of
our obligations to comply with the TRIPS Agreem ent.  Following such ratification, the State of
Kuwait has taken some necessary steps, namely:  laws and regulations, international agreements and
conventions, institutions, public awareness and enforcement.
A. L
AWS AND REGULATIONS
The State of Kuwait is presently setting up proper laws and regulations on intellectual
property rights.  Its main IPR laws are:  the Law on Copyright and Neighbouring Rights, the Law on
Patents, Designs and Industrial Models and the Trademark Law.
Copyright Law and Neighbouring Ri ghts Law, Law No. 64 of 1999
The Copyright and Neighbouring Rights Law protects, in particular:
(a) literary works or works like lectures, speeches, religious sermons and the like;(b) theatrical works and musicals;(c) musical works whether words or not;
                                                     
1 As regards laws and regulations notified by Kuwait under Article 63.2 of the Agreement, reference is
made to documents IP/N/1/KWT/1/Rev.1 and IP/N/1/KWT/C/1.
2 The present document reproduces only the latest response given to each question.
3 The minutes of this meeting have been circulated as document IP/C/M/29.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 2
(d) cinematographic works which are prepared to be directed;
(e) cinematographic works, audio and visual broadcasts;
(f) drawings and photographic works, graphic colours or graphic works, architectural or
sculptural works and engravings;
(g) photographic works;(h) applied artworks whether craft or industrial;
(i) illustrations, geographic maps, designs;
(j) three-dimensional works, three-dimensional works related to geographical
topography, architecture and sciences;
(k) computer works including computer progra ms, databases and the like; and derivative
works and translated works.
The protection also covers the work's title when it is creative in nature and not a common
denomination used to indicate the subject of the work.
The above copyright law protects the author's right of financial utilization until the lapse of 50
years after the death of the author.  For films, applied artworks, photographs, computer software and
databases, the copyright protection period shall be 50 years from the date of first publication.  In the
case of radio broadcasts, the protection period is extended to 20 years from the end of the calendaryear in which the programmes were first transmitted.
Patent Law
The Government of the State of Kuwait has already prepared draft amendments to the Patents,
Designs and Industrial Models Law No. 4 of 1962.  The Government submitted the draft amendments
to Parliament last year and expects that they will be adopted and enacted in the near future.  Theadoption of this revised law has been delayed as there are other immediate domestic affairs needed to
be resolved by Parliament.
Kuwait amended its legislation to introduce a higher standard in the areas of patents, designs
and industrial models.  Those amendments include, among others:
(a) the term of protection of patents shall be 20 years, commencing from the date of
submission of the patent application.  The patentee shall undertake to apply for the
maintenance or renewal of the patent within the last six months before the expiry date
of each four year term  (amendments of  Article 12 of Law No. 4 of 1962); and
(b) the legal term applied to drawings, prototypes and integrated circuits registrations
shall be ten years, commencing from the date of the registration application.  The
protection may be prolonged for further five year periods, if the owner of the
drawing, prototype or integrated circuit applies for renewal within the final year.
We also took into account adding pharmaceuticals and chemical substances and other matters.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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Trademark Law
The Trademark Law has been strengthened to protect the owner of the well-known marks
from unauthorized persons.  The period of protection is ten years and registration can be renewedwithin the last year before the expiry date.  The law protects well-known marks and provides civil
remedies against infringement and counterfeit use for owners of unregistered well-known marks.  A
registration can be cancelled where a trademark is not used for five consecutive years unless the
trademark owner submits a justification.  The cancellation or renewal of the registration shall be
published in the Official Gazette.
B. I
NTERNATIONAL AGREEMENTS AND CONVENTIONS
Kuwait does not grant preferential treatment to any country in the area of intellectual property
rights.
In 1998 Kuwait signed the Convention establishing the World Intellectual Property
Organization to keep up with new developments in the area of intellectual property rights.
Kuwait participates in the unified patent system of the Gulf Cooperation Council.  The GCC
Secretariat examined the conformity of the GCC patent regulations with the provisions of the TRIPS
Agreement in consultation with the WIPO and WTO.  The GCC unified patent system has been in
force in the State of Kuwait and the joint patent office of the GCC countries is located in Riyadh,Saudi Arabia.
C. I
NSTITUTIONS
In order to implement the obligations contained in the TRIPS Agreement, the Minister of
Commerce and Industry issued this year a decision to transfer industrial property rights administrationto the Department of Legal Affairs from the Department of Trade Affairs with the aim of improving
performance in developing laws to ensure their conformity with the TRIPS Agreement.
D. P
UBLIC AWARENESS
The Kuwaiti government is eager to promote public awareness in the field of intellectual
property rights among law enforcers.  This has been carried out on several levels:
- first, on television, warning announcements made to the attention of enterprises,
individuals and institutions on the necessity of abiding by the legal provisions and
discarding works which had been reproduced illegally;
- secondly, at the level of the Kuwaiti press, the Ministry of Information has issued a
warning published in the daily newspapers both in Arabic and English on the
necessity of strictly implementing the provisions of the law;
- thirdly, in addition to these warnings, the Ministry of Information issued warnings to
any person using illegally-produced computer programs whether that concerned anenterprise, an institution or an individual (see annex 2 below);
- fourthly, a joint seminar was organized by the Ministry of Information in conjunction
with WIPO and the Kuwaiti Ministry of Justice on the application and
implementation of the law on intellectual property rights.  Among the participantswere attorneys and judges.  In addition there have been ongoing training coursesIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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organized by the Ministry of Information in order to train specialized Kuwaiti
officials in the area of judicial seizures.
E. ENFORCEMENT
The Ministry of Information is in charge of supervising copyright.  Since the beginning of this
year, the Ministry of Information has enforced the Law on Copyright and Neighbouring Rights
through the confiscation of 34 037 video cassettes, 17 593 audio cassettes, 3 823 computer software
CDs and 24 419 playstations.  Also confiscated were 40 473 video cassettes which were on sale on the
streets and 20 shops dealing with illegal reproductions were brought before the court for violation of
the Law on Copyright and Neighbouring Rights.
The Ministry of Commerce and Industry undertakes the supervision of trademarks and
patents.  Any person who knowingly markets any goods violating trademarks or patents is sanctioned
by imprisonment and fines.
The customs administration, in coordination with the Ministry of Commerce and Industry and
the Ministry of Information, has the legal author ity to seize suspected consignments infringing
intellectual property rights.
_______________
The representative of the United States complimented Kuwait for having agreed to conduct
this review despite the fact that amendments were still pending as it implemented its obligations.
The representative of the European Communities expressed his concern that, despite the
efforts undertaken, several pieces of draft legislation were still pending before the Kuwaiti Parliament.
He hoped that they would be approved in the very near future.  He regretted that Kuwait had answered
so few of the questions posed by his delegation in time for the meeting.  He noted that the Kuwaiti
representative had attributed the lack of timely responses to questions partly to a lack of specialized
human resources.  He regretted this state of affairs and suggested that more assistance could be
provided to Kuwait to help get the job done as soon as possible.
_______________
II. REPLIES TO QUESTIONS POSED BY CANADA
1. We understand that draft legislation is pending approval by Kuwait’s National
Assembly on trademark and patent issues.
(a) When are these draft amendments likely to be implemented?
Since January 2001.
(b) What are the key improvements introduced by such legislation in respect of
TRIPS obligations?
The key improvements introduced by such legislation in respect of TRIPS obligations are:
(i) Trademarks: Articles 61, 62, 77 (paragraph 2), 82; andIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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(ii) Patents: Articles 2, 12, 13, 23, 42 (first and second paragraphs), 43, 46 (first
paragraph).
2. What protection does your copyright legislation afford to "foreign works"?
First: the subject matter of  protection scope in the first chapter of this law, Articles 1-3.
Article 1
The authors of newly created works of arts, letters and science shall be under the protection
hereof irrespective of the value, type, objective or expressive style of these works.  An author
means the person who creates the works, or to  whom the work is attributed upon publication
thereof whether by mentioning his name on the work in any other manner unless there is
evidence to the contrary.
Article 2
The protection shall cover following works in particular:
A. Written works.B. Works delivered orally, such as lectures, speeches, religious sermons and the like.C. Theatrical works and musical plays.D. Musical works with or without songs.
E. Works performed by means of movement or steps and mainly prepared for direction.
F. Movie works, and audio , video and radio works.
G. Painting and works depicted by means of lines, colours, and diagrams as well as
works of architecture, sculpture, arts carving and decorations.
H. Photographic works.
I. Works of applied art including craft or industrial designs.J. Illustrations, geographic maps, designs, plans and models relating to geography,
topography, architecture and science.
K. Computer works including software, databases and the like.L. Derived and translated works.
The protection also covers the title of the work if this is created and it is not a common
expression that indicates the subject matter of the work.
Article 3
"The protection shall also cover those who, unde r permission from the author, have translated
the work into another language and those who have summarised, amended or explained such
work or carried out any other act that gives such works a new shape.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 6
The protection prescribed in the previous paragraph does not prejudice the protection of the
original author of the work.
However, the rights of an author of a photogr aphic work shall not result entail to prevent
other from taking new photographs of the photographed object even if these new  photographs
are taken in the  same way and in the  same general circumstances as the first photographs."
In this chapter, the law maker indicated that , that law applies to the inventive works of
literature, arts and science whatever the value or its kind or the purpose for which it was composed or
the way to express the same.
The person who creates the works or attributed to him when publishing the same by
mentioning his own name on the works or by any other means is considered an author except if it is
proved unlike.
Article 2 mentioned the works included with protection and determined the same from (A-L):
A. Written works.B. Works delivered orally, such as lectures, speeches, religious sermons and the like.
C. Theatrical works and musical plays.
D. Musical works with or without songs.E. Works performed by means of movement or steps and mainly prepared for direction.F. Movie works, and audio, video and radio works.G. Painting and works depicted by means of lines, colours, and diagrams as well as
works of architecture, sculpture, arts carving and decorations.
H. Photographic works .
I. Works of applied art, including craft or industrial designs.J. Illustrations, geographic maps, designs, plans and models relating to geography,
topography, architecture and science.
K. Computer works including software, databases and the like.L. Derived and translated works.
In the fourth chapter of this law concerning the closing provisions in Article 43 which
mentioned that:
Article 43
Without prejudice to the provisions of the inte rnational agreements effective in the state of
Kuwait the provisions of this law shall be operative upon the following:IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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A. The work of authors, nationals of State of Kuwait, which are published at home or
abroad.
B. Works of Arab authors of member State in the Arab Agreement of protection of
Author's rights, which are published in one of these states.
C. Works of foreign authors which are published for the first time in the State of Kuwait.D. Works of authors, nationals of member St ates in the agreement of world organisation
of intellectual rights, which shall be published for the first time, in one of these
countries.
3. Please describe the way that the enforcemen t of intellectual property rights has been
implemented (Articles 41-61 of the TRIPS Agreement).
First, we find that Articles 43-47 and 50-61 concern industrial property and are beyond the
scope of the application of Intellectual Property Rights Law No. 64 of 1999.
Second, we find in Articles 36-42, 48 and 49 that the Kuwaiti Law No. 64 of 1999 has
organized intellectual property rights implementation as it has put legal controls for organizing the
civil administrative procedures and penalties that stipulate the compensation principle for protecting
the right owner from the infringement upon him as a result of his right.
In its third chapter, the Kuwaiti Law has guaranteed the organization of the subject matter of
procedures and penalties in Articles 36-42.
Article 36
A judge of summary actions in a court of first instance may order, pursuant to a request from
the author or his successor and under an order issued subject to a petition, the following
procedures in respect of each work published or shown without written permission from the
author or his successor, in violation of the provisions of Article 5 hereof:
First:  Detailed description of the work.
Second:  Suspension of the publication, presentation or manufacturing of the work.Third:  Imposition of attachment against the original work or its copies or the material used
for republishing this work.
Fourth:  A recording of the public performance in connection with a copyright melody, acting
or presentation of a work to the public and prevention of the continuance of the existing show
or prohibition thereof in the future.
Fifth:  Calculation of the revenues resulting from publication or performance by an expert
delegated for this task if necessary and the imposition of attachment against such revenues in
all cases.
The judge of summary actions may order that an expert be delegated to assist the execution
office and order the plaintiff to lodge an appropriate bail.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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The applicant shall file a case in a competent court within the eight days that follow the
delivery of the order.  If the case is not filed within this period, all matters connected thereto
shall be deemed null and void.
Article 37
The party whose application was rejected and the one against whom the order was delivered
may object to such an order before the judge concerned and this does not preclude the filing
of the original case before the court.  Objection shall be made using the ordinary procedures
for filing a case.  Such an objection must be justified otherwise it will be null and void.
In respect of the complaint, a judgement shall be made to confirm, amend or cancel the order.
A judgement may be made for the appointment of a receiver for the disputed work, who shall
be responsible for republishing, showing, manufacturing or reproducing the work provided
that the revenues arising should be lodged in the court treasury and the receivership shall be
terminated upon unanimous agreement of the concerned parties or by the court's judgement.The complaint against that order shall not result in the stay of its execution.
Article 38
The court before which the matter in dispute is filed may upon the request of the author of his
deputy order the destruction of the copies of the work which was unlawfully published andthe materials used for publishing it, provided that such materials may not be used for another
work or it is not possible to change the features of the copies and the materials or make them
unusable, at the responsible party's expense.  However, the court may, if the author's right
shall expire after less than two years as of the date of the judgement is to be issued, and
subject to non-prejudice to the author's rights as stipulated in Articles 4 and 5, item C, and 6,first paragraph, replace the judgement for destruction or changing the features to a judgement
for confirmation of precautionary attachment for satisfying the compensation ordered in
favour of the author, however, no judgement may be issued for destruction changing the
features, if the filed dispute relates to a transl ation of some work into Arabic in a way that
violates the provision of Article 16, first paragraph.  The judgement shall be limited to
confirmation of precautionary attachment of the translated work in satisfaction of the
compensation adjudged by this court in favour of the author.
In all cases in connection with the debt due to him arising from his entitlement to
compensation, the author shall have a lien on the net sale price of the items and the money
attached for fulfilment thereof.  The only lien that  shall have priority over the said lien is the
court costs and nay expenses incurred in preserving and maintaining such items and incollecting such funds.
Article 39
The author's right may not be subject to attachment but copies of the published work may be
subject to attachment.  This provision covers  works whose owner died before publication
thereof unless it is conclusively proved that he intended to publish it before this death.
Article 40
Buildings may not be subject to attachment  and no judgement may be made for the
destruction or confiscation thereof with the intention of preserving the rights of an
architectural author whose design and draw ings may have been unlawfully utilised.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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Article 41
When an infringement occurs against one of an author's rights as stated herein the author shall
be entitled to compensation.
Second Chapter – Penalties
Article 42
Any person who:
A. Infringes the author's rights as provided for in articles 4, 5, 6, first paragraph, and 12
hereof,
B. Sells or offers for sale or circulates or broadcasts to the public in any manner or
brings in or takes out of the country any imitated work,
C. Discloses or facilitates the disclosure of computer software  before publication of the
same, or
D. Removes or participates in the removal of a property rights that regulates or limits
public access to work or the performance or the transmission or the recorded material,shall be liable to imprisonment for a maximum of one year and a maximum penalty
of five hundred Kuwaiti dinars or either of these two penalties.  The court may order
the confiscation of all tools used for unlawful publishing if such tools are suitable
only for such publishing as well as the confiscation of all copies.
The court may also order its judgement to be published in one or more newspapers at the
expense of the convicted.  If the accused has a previous conviction for committing one of the
crimes stated herein and it is established that the accused committed one of these crimes
within five years prior to the date of the latest judgement, the court may penalise him under
his crime with a penalty exceeding the duly stipulated maximum limit provided that such
increase in the penalty does not exceed half the said limit and the court may also order closure
of the establishment used to commit the crime for a maximum of six months.
In fourth chapter concerning the closing provisions (44-49), it organized all that related to
implement this law and the public prosecution shall be concerned with the investigation, disposing
with and allegation of all crimes resulted from the application of this law.
Article 44
The provisions of this law shall be effective as  to works referred to in the previous article
existing in the operative date.  Provided that concerning  the calculation of the period of
protection of these works, the lapsed period should be included, from the date of the incidentspecifying the start of period effectiveness till the date of operating this law.
The provisions of this law shall be effective as  to all incidents and the following contracts of
its effective date, once the same is related to works published or shown or represented before
that concerning contracts made before the effectiveness of this law, its provisions are noteffective, rather, the same remain subject to legal provision which were effective at the time
of its completion.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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Article 45
The Minister of Information deputises the necessary employees for the enforcement of the
provisions of this law.  These employees are entitled to enter the press, libraries publishingleases and public places which deal with the works subject to the provisions of this law to
seizure the fact and materials subject matter of violation and making the necessary minutes,
they have the right to seek the assistance  of policemen in performing their tasks when
necessary.
Covering violations which the ruling may close the facility, the information Minister may or
whom he deputises, to order the closure of the facility wherein the violation was committed,till public prosecution or the court gives permission to open it or the action be settled.
Article 46
The public prosecution shall be held responsible for investigating, acting, and prosecuting in
all crimes resulting from the implementation of the provisions of this law.
Article 47
Every text contradictory to the provisions of this law shall be nullified.
Article 48
The Minister of Information shall issue the necessary decisions for the implementation of this
law also, the Minister of Information shall issue a decision organizing the system of lodging
the work and its procedures and due fees, along with establishing the special registration forthe entry of acts stated to the works subject to the provisions of this law.
Article 49
The Ministers - each of his concern should implement this law.
III. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. GENERAL
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of theTRIPS Agreement.
Kuwaiti legislation includes measures pertaining to standards and measurements aiming at
protecting public health and they do not conflict with the TRIPS Agreement because they are
consistent with the TBT and SPS Agreements' provisions.  Furthermore, they are overseen by
governmental and supervisory authorities such as the Ministry of Health, the Public Authority forIndustry, the Public Authority for Agriculture Affairs and Fish Resources, the Public Authority for
Industry and the Kuwait Municipality.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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B. COPYRIGHT 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 B erne 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 in any way he
determines.  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 hispermission.  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
innovative nature.  The Kuwaiti law observed all the provisions of the international conventions  (the
TRIPS Agreement and the  Berne Convention)
Follow-up question:
Please clarify the scope of the Kuwait law and cite the relevant provisions in the law.
Regarding the extent of protection secured under the Kuwaiti Law No. 64 of 1999 on
intellectual property rights, we find that the Kuwaiti legislation has regulated the extent of the legal
protection of the intellectual property law under first, second and third articles thereof.
Hereunder, the text of the abovementioned three articles of Chapter I of the law, pertaining to
the scope of protection:
Article 1
The authors of newly created literary works of arts, letters and science shall be under the
protection hereof irrespective of the value, type, objective or expressive style of these literary
works.
An author means the person who creates the literary work, or to whom the literary work is
attributed upon publication thereof whether by mentioning his name on the literary work or in
any other manner unless there is evidence to the contrary.
Article 2
The protection shall cover the following literary works in particular:(a) Written literary works;
(b) Literary works delivered orally, such as lectures, speeches, religious sermons and the
like;
(c) Theatrical works and musical plays;
(d) Musical composition works with or without words;
(e) Works performed by means of movement or steps that is prepared for direction;IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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(f) Cinematic works, broadcast works, audio and video;
(g) Drawings, illustrations depicted by means of lines, colours and diagrams as well as
literary works of architecture, sculpture, arts carving and decorations;
(h) Photographic works;(i) Works of applied art, whether craft or industrial designs;(j) Illustrations, geographic map, design, plans and models relating to geography,
topography, architecture and science;
(k) Computer works including software, databases and the like;(l) Derived and translated literary works.The protection also covers the title of the work, if this is created and it is not a common
expression that indicates the subject-matter of the said work.
Article 3
The protection shall also cover those who, under permission from the author, have translated
the literary work into another language and those who have summarised, amended or
explained such work or carried out any other act that gives such works a new shape.
The protection prescribed in the previous paragraph does not prejudice the protection of the
original author of the literary work.
However, the rights of an author of a photogr aphic work shall not entail to prevent other from
taking new photographs of the photographed object even if these new photographs are taken
in the same place and in the same general circumstances as the first photographs."
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 conventions, 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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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 allow
public fixation of the performance or copy, lease and delivering their fixed performance throughbroadcasting or computer.  See also Article 25 of the same law.
Follow-up question:
Please clarify the protection granted to producers of phonograms (sound recording) and
broadcasting organisations and cite the relevant provisions in the law.
We find that the Kuwaiti law concerning intellectual property rights No. 64 of 1999 has
secured protection of the recorded types (phonograms) and broadcasting works.  Further, it has
provided the provisions related to law through many aspects of protection under certain articles.
First: Article 2 of the first chapter related to the extent of protection in paragraphs (d) and (f).Second: in addition to the aforesaid, i.e. article 15 of the second section of Chapter I relating
to the general provisions of the rights of the author.
Third: Article 25 of Chapter II on certain literary works.
6. Please state whether your legislation provides for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions 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 published 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 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, enligh tenment, 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 containan explicit provision expressly prohibiting such publication.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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Article 11
Newspapers, radio and mass media may, w ithout the author's permission, publish  and
broadcast by way of information, speeches, lectures and discussions given at public sessionsof 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 hasobserved the right of the author and not to harm the author.
Follow-up question:
Please clarify how the second paragraph of Article 16 of the Kuwait Law, which permits
the Minister for Information to grant a licence co ncerning the translation of a literary work into
Arabic, preserves the legitimate interests of th e right holders in accordance with the relevant
provisions of the Berne Convention and in light of Article 13 of the TRIPS Agreement.
Please refer to the second paragraph of Article 16 of the same law that permits the Minister of
Information to license the translation of the literary work into Arabic.  Further, the Minister may order
publishing of the same after the lapse of one year following the date of publishing the cardinal work
or the firstly translated work for the first time.  In  such a case, fair compensation will be paid to the
author or the person(s) to whom the right in th e translated work has been devolved to them.
The explanatory memo of this law has justified this exemption granted to the Minister of
Information.
4  However, restrictions and controls limit this right viz.: when the Minister of
Information deems that this work constitutes scientific and cultural importance that serves the cultural
aspect of the society in order to be beneficial to the Kuwaiti society on the social and cultural level,
provided that fair compensation must be paid.
Note: please refer to Article 13 of the TRIPS Agreement.
7. Please state the terms of protection of ea ch right described above and the work or
subject matter to which it applies.
The duration of prescribed protection as stipulated in Kuwaiti law for each of these  rights is
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.
                                                     
4 The explanatory memorandum is reproduced in Annex 1.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 15
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 first
item.
(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 during
which 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.
The extension of these terms is in accordance with what is stated in Article 14.5 of the TRIPS
Agreement.
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 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.
Follow-up question:
Please clarify how and under what provision, Kuwait legislation grants the retroactive
protection provided pursuant to Article 14.6 of the TRIPS Agreement to works and other
subject matter that are still under protection in their country of origin.
The Kuwaiti Law No. 64 of 1999 relating to intellectual property rights contains many articles
that are equivalent to paragraph 6 of Article 14 of the TRIPS Agreement pertaining to the protection
by the Kuwaiti Law No. 64 of 1999 relating to inventive classifications as well as protection for
performers, producers of phonograms (sound recordings) and broadcasting organizations.  We find
them all protected under the following Articles 5, 15, 17, 43 and 44.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 16
Article 5
The author's right of utilization includes the following:
A. The reproduction of the literary work in whatever form.B. The presentation of the work to the public through public performance, theatrical
performance, radio transmission, TV or cinema shows or by any other means.
C. The translation of the literary work into any other language or its amendment,
summarization, explanation or modification into any other form.
Article 15
Performing 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 proceeds from their performance whether through presenting 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 public performance
available to the public through radio or computer.  Radio stations are entitled to the financialright of a license to use their recorded mate rials and to prevent any utilization of their
programs without prior written permission from them.
Article 17
Without prejudice to the provisions of the preceding article the protection of 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.
The author is solely entitled to utilize his work financially in any manner and third parties
may not exercise this right unless under prior written permission from him or his successor.
Article 43
Without prejudice to the provisions of the international conventions effective in the State of
Kuwait, the provisions of this law shall be operative upon the following:
A. The work of authors, citizens of the State of Kuwait, which are published at home or
abroad.
B. Works of Arab authors of member states in the Arab Agreement of protection of
Author's rights, which are published in one of these states.
C. Literary works of foreign authors which are published for the first time in the State of
Kuwait.
D. Literary works of authors, citizens of member states in the agreement of world
organization of intellectual rights, which shall be published for the first time in one of
these countries.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 17
Article 44
The provisions of this law shall be effective as  to works referred to in the previous article
existing in the operative date.  Provided that concerning the calculation of the period ofprotection of these works, the lapsed period should be included, from the date of incident
specifying the start of period effectiveness till the date of operating this law.
The provisions of this law shall be effective as  to all incidents and the following contracts of
its effective date, once the same is related to works published or shown or represented before
that concerning contracts made before the effectiveness of this law, its provisions are not
effective, rather, the same remain subject to legal provision which were effective at the timeof its completion.
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 anything which takes a distinctive form such as words, signatures, letters,
figures, devices, brands, headings, seals, drawings, engravings, pictorial elements, colour
combinations, any sign that is perceptible by sight,  audio signs and signs related to the sense of smell
or any other mark or combination of marks, when used or intended to be used to distinguish goods or
products, to indicate that they belong to owner of mark, by reason of manufacture, selection, tradingin or offering for sale such goods or products.
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.
The above-mentioned signs are protectable especially under the January 2001 amendment of
Kuwaiti law.  Perfume containers coul d be protected as industrial designs.
11. Please explain what the requirements of use a re, 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.
Requirement of use:  mark is exposed to judicial cancellation if not used effectively for a
period of 5 consecutive years, unless the owner produced evidence to justify non-use thereof.
Maintenance:  renewal is required after each 10  years.  Renewal is applicable if made within
the year of mark protection, or 6 months after the elapse of protection period.
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.
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 .IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 18
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
The Trademark authority refuses a trademark application if it contains a geographical
indication.
Follow-up question:
Please describe how and under what provisions of your legislation the requirements of
Articles 22.3 of the TRIPS Agreement are implemented.
Section 3 of Article 62 of Law No. 1 of 2001 stated the following :
"A trademark is not valid and therefore cannot be registered as such if:
It leads to the public or commercial sector's confusion, especially as to the geographical origin
of the goods or the concerned services or its nature and characteristics."
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.
Follow-up question:
Please clarify whether or not Kuwait has implemented the definition of a geographical
indication as included in Article 22.1 of the TRIPS Agreement.
The Kuwaiti law No. 64 of 1999 under Chapter I, Article 2, para. (j) thereof, relating to
illustrations, geographic maps, designs, drawings and depicted works relating to geography,
topography, architecture and science has guaranteed protection of these things, like other works which
have already protected under Article 2 of Chapter I, including the works that are protected under otherparagraphs (a) to (l) in addition to the protection provided for any new and innovated works once this
work is characterised by an innovative character and it is not a word commonly used to indicate the
subject-matter of the literary work.
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, 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 19
Since detailed definitions for geographical indications are not available in Kuwait's law, so an
assignment is taking place for a Special Committee to study additional considerations for
geographical indications and other issues.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion 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."
Technical or functional considerations may take the design to be dealt with as patent or utility
design.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Article 46 of the patent law has considered the importation of such as a violation.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Not mentioned specifically, but it could be considered to have similar practice of patent
compulsory licensing if the design has a matching interest criteria.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Period of protection is 10 years starting from the date of application.  The protection may
continue for an additional period of 5 years.
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 legislatio n, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Article 2-1 of Law No. 3 of 2001:IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 20
"Patents shall not be granted in respect of in ventions whose utilizati on results in a breach of
public order or morality."
In addition, inventions related to defence or of security nature are subjected to a mutual
approval with the Ministry of Defence.
25. Please explain whether your legislation prov ides 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.
As mentioned in Article 2-1 of Law No. 3 of 2001:
"Patents shall not be granted in respect of in ventions whose utilizati on results in a breach of
public order or morality."
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.
The mentioned methods are excluded from patentability under Article 2-5 of Kuwaiti Law
No. 3 of 2001.
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.
The mentioned subjects are excluded from patentability according to Article 2-4 of Law No. 3
of 2001.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
Microbiological processes  and their products are protected under Article 2-4 of Law No. 3 of
2001.  But such issues, and others, are being included in a special committee adopting the
development of legislative additions.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
The right holder protection is explained in the law by imposing imprisonment and fine
payment.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
The January 2001 patent law amendment has omitted the exclusion of pharmaceutical and
agricultural chemical products from 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 21
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditionsin detail.
Inventions related to defence or of security nature are subjected to a mutual approval with the
Ministry of Defence.
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.
Article 2 of Law No. 3 of 2001, pertaining to patents, states that no patent shall be granted
which is based on an invention that conflicts with morality or public order.
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.
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.  Thetrademarks 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, 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 righ t 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 yourlegislation ensures that the use of a compulsory  licence shall be author ised 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 additi onal protection for innovations after the 20
years of patent protection has lapsed.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 22
Not specified.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
Not specifically mentioned in the law, but the patent applications pending on 1 January 1995
shall be included under the enhanced patent protection.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Not mentioned in the law, but such issue will be included with other issues in a special
committee for legislation development.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
The legislation protects topographies as a design.
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.
Imprisonment of not more than one year and a fine of not more than 5 000 Kuwaiti dinars
(approx. USD 16 000).  Damages to the right holders are judicially estimated.
41. Please explain how your legislation provide s 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 anintegrated circuit that it contains an unlawful topography.
The law states for topographies as a relevant subject of patent, so the law does not punish in
the case of good will which took place before similar application was filed.
42. Please state the term of protection granted by your legislation to topographies.
Ten years of protection extendable for five years.
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n 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 anyone
who 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 23
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 de fines data 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. ENFORCEMENT
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 such
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 legislation 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 ormanufacturing 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 24
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 long as the mistake and the damage are related by cause, as perthe general rules of the Kuwaiti civil law.  Article 38 of the Kuwaiti Intellectual Proprietary Rights
Law 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.
Since the law that organizes commerce in the State of Kuwait, including patents and
trademarks, is signed by H.H. the Emir of the State of Kuwait, therefore, the judge has full authority
to execute the law.
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 implements 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 illegalpublication.
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 1999
which considers such acts incriminating  and prosecutable.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 25
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
The judicial authority in the country has the right to confiscate and destroy any infringing
goods, as well as the concerned authorities in charge of monitoring consumer protection affairs.
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
There is no de minimis import exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
Counterfeiting of trademarks is not allowed in the State of Kuwait.  If it is proven that this has
taken place, the Consumer Protection Department at the Ministry of Commerce and Industry should
be contacted in order to confiscate the infringing goods, then the case should be submitted to the
judicial system in order to determine its outcome according to the laws of the State of Kuwait.
IV. REPLY TO QUESTION POSED BY JAPAN
A. COPYRIGHT 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 4 of the TRIPS Agreement.
The question concerns what is stated in the provisions of Articles 3 and 4 of the TRIPS
Agreement with respect to exceptions that the State of Kuwait grants to other countries' citizens,pursuant to the principle of granting citizens of Member states a dealing not less than the prescribed
treatment that Kuwait grants to its citizens.  Also, it requests an indication whether Kuwaiti law grants
any advantage or preference or immunity to any other country that is related to copyright or
neighbouring rights.
In this respect, we advise that Kuwaiti Intellectual Property Rights Law No. 64 of 1999 did
not include any exceptions and did not grant any privileges or preferences to the citizens of any
country.  Rather, its provisions include citizens of the State of Kuwait along with the citizens of any
other country, without any difference with respect to the protection of copyright or neighbouring
rights.
V. REPLIES TO QUESTIONS POSED BY 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 deta il 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 latterIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 26
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.
Follow-up question:
In your answer, you mention that according to your legislation patents shall not be
granted in for chemical inventions relating to  foodstuffs, medicines and pharmaceutical formula
unless such products are made by special chemic al methods or processes. How does this comply
with Article 27.1 of the TRIPS Agreement requiring patents to be available for inventions,
whether products or processes, in all fields of technology?
You mention that in your legislation amendments are currently undertaken with
regards the issue of patentability. Please indicate  what the contents of these amendments will be.
The answer previously mentioned was based on the old law.  The new law for patents is
Law No. 3 of 2001 which stated that a patent may be granted for a product that is used in method of
manufacturing (process) which means that the product and the process can be granted a patent
(Article 1 of the law), which stated the following:
"Patents are granted based on this law for any new invention that can be used in
manufacturing, whether it is related to new indu strial products or new industrial processes or
new application to known industrial processes."
Article 2 of Law No. 3 of 2001:
"Patents shall not be granted in respect of the following:
1. inventions, the exploitation of which, is against morality or public policy;
2. discoveries, theories, mathematical methods and computer programs;
3. schemes, rules or methods for doing business, performing purely mental acts or
playing games;
4. plant varieties, animal species or processes used for the production of plants or
animals, other than microbiological processes and the products of such processes;
5. methods for treatment of the human or animal body by surgery or therapy, as well as
diagnostic methods practised on the human or animal body, with the exception of
products for use in any of those methods."
2. Does your law, in accordance with Articl e 27.1 in combination with Article 31 of the
TRIPS Agreement, recognize importation as "working a patent" (and therefore precludecompulsory licences)?
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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 27
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 twoconsecutive 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 shall be entitled to a suitable compensation.  The
trademarks control office shall forward a copy of the application to the patent owner whoshall 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, 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 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".
Follow-up question:
Please confirm whether in your law, in accordance with Article 27.1 in combination with
Article 31 of the TRIPS Agreement, importation is considered as "working/utilising a patent"
(and therefore precluding compulsory licen sing, if a product is being imported).
Article 29 addressed the issue of the appropriation of a patent for the benefit of the general
public and the need of the state, while preserving the rights of the patent's owner.
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.
The Ministry of Commerce & Industry has a specialized department in trademark registration.
Registration does not take place until all the necessary information has been found to be correct, incase a trademark was registered based on false information, the trademark will be cancelled and if it
was proven that the trademark was used commercially, a case can be submitted by the original
trademark owner to the judicial authorities.
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 fr om referring to the original data of the first
applicant, when applying subsequently for market authorization for his own product. Does your
legislation provide for exceptions to this? If yes, under what conditions would such exceptions
apply?IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 28
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.
Follow-up question:
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible Authorities in the procedure for mark et authorization of a pharmaceutical or of an
agricultural chemical product: please explain whether and how your law prevents the
responsible Authorities or a second applicant from  relying on or from referring to the original
data of the first applicant for the market auth orization procedure of the product of the second
applicant. In particular, has a second applicant to provide to the responsible Authorities the
same amount of data on safety and efficacy  for such a product as the first applicant?
Does your legislation provide for time-limits before the expiration of which such data
cannot be relied upon or referred to by the Au thorities or by a second applicant for the market
authorization of such a second product which is equivalent to the original product?
According to Articles 3 and 4 of the Patent Law in the State of Kuwait, an invention is not
considered to be new if it was used publicly in Kuwait in the past 20 years prior to the submission
date of the registration's application for said patent; or that a patent has been issued, part of which, not
to the original inventor or to someone that receiv ed its rights; or someone that has requested that a
patent be issued based on the same invention or part of it during the time period previously
mentioned.
The Ministry of Commerce & Industry has a specialized department called the Department of
Patents & Trademarks that keeps a register of all the patents and the pertinent information.
VI. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. With respect to each form of intellectual  property covered by Part II of the TRIPS
Agreement, including plant variety protection, please explain the 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 citeto the relevant provisions of law.
1. Kuwaitis.
2. Foreigners residing in Kuwait who have commercial or industrial establishments.
3. Foreigners belonging to countries that grant Kuwait reciprocal treatment or residing in
those countries or who have in those country a real (physical) place of business
(including Member countries of the WTO)
4. Companies or co-ops or establishments or  groups of industrial concerns that get
established in Kuwait or in countries that grant Kuwait reciprocal treatment and
which have a legal corporate structure.
Therefore, every foreign establishment that has a licence to operate in Kuwait, whether
directly or through an agent, should request an application form for a patent registration or atrademark registration.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 29
B. COPYRIGHT 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 a database if
it constitutes innovative intellectual creation under paragraph (K) of the second article of Kuwaiti
Law No. 64 of 1999 concerning of intellectual property rights which stipulates that protection
includes particularly the following literary works:
(K) The literary works of computer programs, databases and the like.This protection has been provided in comply ing with text of Article 10 of the 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's law 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 considers that this right is a form of financial
utilization of forms of literary works in general, including computer programs and cinema works.  It
aims at keeping and protecting these rights and required obtaining prior approval for all forms of
utilization including bringing the right in all literary works.   Whereas the Kuwaiti legislator followed
the utmost degrees of protection, complying with clau ses of international agreements in this concern,
the text of Article 4 stipulated that the author only has the right to decide to publish his literary worksand define the way of this publication and he has solely the right to utilize this literary work in any
way of utilization and nobody else is entitled to conduct this right without prior written permission by
him or from his successor.
4. Please identify the term of protection availa ble with respect to wo rks 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.
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 financial 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 30
(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 during which the
performance was made in case of the actors and as of the end of the calendar year during
which 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.
The extension of these terms is in accordance with what is 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 th at do not conflict with the normal exploitation
of the work and do not unreasonably prejudice the legitimate interests of the right holder.Please describe 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 and 11 and the texts of the same
are as follows:
Article 8
If a person reproduces a copy of a published work or translates it or quotes from it or modifies
it in nay other manner for his personal use, th e 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.
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 whichpreoccupy the public opinion at a specific times as long as the quoted original does. not
contain an explicit provision expressly prohibiting such publication.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 31
Article 11
News papers, radio and mass media may, w ithout the author's Permission, publish and
broadcast by way of information. speeches, lectures and discussions given at. public sessionsof 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 translat ion 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 hasobserved 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 in corporated into the TRIPS Agreement by
Article 9.1 of the TRIPS Agreement requires that co pyright 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 implemented this obligation andcite 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 from
the 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.
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 theirIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 32
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. TRADEMARKS
9. Please describe in detail the subject-matter that can comprise a trademark under
Kuwait's trademark law and cite to the relevant provisions of law.
A trademark is any object made of a distinctive shape, whether of words, signatures, letters,
figures, designs symbols, addresses, stamps, pictures, carves 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 of
indicating that they are belonging to the owner of the said trademark by the reason of theirmanufacture, selection, trading or display for sale.  It is protected by commercial law.
10. Please describe in detail the procedure that must be followed to register a trademark in
Kuwait, citing the relevant provisions of the trademark law and describe the rights that the
owner of a registered mark acquires with registration.
Please see Article 66 of Law No. 68 of 1980 and Article 3 of Ministerial Act No. 8 of 1995
(reproduced in annex 6 below).
11. Please explain in detail how Kuwait's trademark and other laws provide for the
protection of well-known trademarks and service marks, citing the relevant provisions of law.
Well-known marks are protected under Article 62 of Law No. 1 of 2001.  Service marks are
protected under Article 3 of the Ministerial Act No. 8 of 1995, also considered in Article 61 of LawNo. 1 of 2001 (reproduced in annexes 6 and 7 below).
12. Please describe in detail any limitations or  special requirements that apply to trademark
rights under Kuwait's laws and indicate how those limitations take account of the legitimate
interests of the owner of the trademark and of third parties.
Main limitations were in the circle of moral and public order violation.
13. Please indicate the length of the initial term of protection for a registered trademark
under Kuwait's trademark law and describe the conditions for renewing the registration and
the period of the renewal.  Please cite to the relevant provisions of Kuwait's law.
An application of renewal must be submitted to the elapse of ten years during the last year of
protection (Article 77 of Law No. 68 of 1980 and Article 77, para. 2 of Law No. 1 of 2001,
reproduced in annexes 6 and 7 below).
D. G
EOGRAPHICAL INDICATIONS
14. Please describe in detail how and under what laws geographical indications are
protected in Kuwait and cite to the relevant provisions of law.
Geographical indications are protected under Article 62 of Law No. 1 of 2001 (reproduced in
annex 7 below).IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 33
15. Does the law of Kuwait regarding geographical indications provide for any of the
exceptions to protection of geographical indica tions contained in Article 24 of the TRIPS
Agreement, and, if so, please describe the way in  which the exception is applied and cite to the
relevant provisions of law.
Please see Article 62 of Law No. 1 of 2001 (reproduced in annex 7 below).
E. INDUSTRIAL DESIGNS
16. Please describe in detail the way in which industrial designs, including textile designs,
are protected under Kuwait's laws and cite to the relevant provisions of law.
Please see annex 8.
F. PATENTS
17. Please explain whether or not inventions within the categories specified below are
eligible to be patented under Colombian law if they are otherwise novel, involve an inventive
step, and are industrially applicable:
(a) process inventions which, in whole or in part, consist of steps that are performed
by a computer and are directed by a computer program;
(b) product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium
such as a floppy disk, computer ha rd drive or computer memory;  or
(ii) a general purpose computer whose novelty over the prior art arises
primarily due to its combination with a specific computer program;
(c) process inventions that facilitate the conduct of business;
(d) a micro-organism.
Not stated in Kuwait's law.
18. Please identify any exceptions to the rights conferred by a patent in Kuwait and indicate
the manner in which the law of  Kuwait ensures that such exceptions do not unreasonably
conflict with a normal exploitation of the patent and do not unreasonably prejudice the
legitimate interests of the patent owner, taking account of the legitimate interests of third
parties.
Main exceptions were in the circle of moral and public order violation.
19. Please describe any provisions for compulsory licensing of patents in Kuwait's law and
explain how Kuwait ensures that each of the co nditions in Article 31 of the TRIPS Agreement is
met in relation to any compulsory licences.  Please cite to the relevant provisions of law.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 34
Article 29 of Law No. 4 of 1962:
"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 oftwo 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 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
reply to 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
the 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."
20. Please indicate the number of compulsory licences issued under Kuwait's patent law in
each of the last five years.
No compulsory licence has been issued.
21. Article 33 of the TRIPS Agreement requires that patents have a term of protection that
does not end before a period of twenty years measured from the date of filing.  Please describe
the term of protection for patents available under Kuwait's patent law and indicate if there is
any variation in that term, based upon the area of technology to which the patent relates.  If so,
please indicate what the variations are and for what technologies and describe Kuwait's plans tobring its law into compliance with Article 27.1, wh ich prohibits discrimination in the enjoyment
of patent rights based on the field of technology.
The duration of patent protection shall be 20 years as from the date of application.  The
patentee shall undertake to apply for patent maintenance renewal within the last six months of every
four year period.
22. Please verify that the terms of all patents in existence in Kuwait on 1 January 2000, will
not end before the expiration a period of twenty years measured from the date of filing.
Article 12 of Law No. 3 of 2001: the duration of the patent shall be 20 years as from the date
of application including applications submitted on January 2000.
23. Please describe in detail the manner in which plant varieties are protected under
Kuwait's laws and cite to the relevant provisions.
Please see annex 9.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 35
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
24. Please describe how Kuwait implements the obligations of Section 6, Part II of the
TRIPS Agreement and cite to relevant provisions of law.
Integrated circuits are covered under protection through Kuwait's law.  Although it is not
identified in details but an assignment (is taking place) of a special committee to study additional
extension of protection to include more detailed identifications for integrated circuits and other issues.
H. PROTECTION OF UNDISCLOSED INFORMATION
25. Paragraph 2 of Article 39 of the TRIPS Agreement requires Members to provide
protection for all undisclosed information, including technical know-how and commercialinformation, which meets certain criteria.  This protection must endure as long has the
conditions identified in paragraph 2 of Article 39 are met and protection cannot be conditioned
on registration.  Please explain how Kuwait fulfils this obligation and cite to the relevant
provisions of law.
Undisclosed information is not included to be under protection.  An assignment (is taking
place) for a special committee to study additional  extension of protection to include undisclosed
information and other issues.
26. What measures, as required by Article 42 of the TRIPS Agreement, are taken by
judicial authorities in Kuwait to protect the confidentiality of undisclosed information furnished
by a party during legal proceedings to enforce righ ts in such information, or for other purposes.
Please see the response to question 25.
27. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect
certain test data associated with requests to obtain approval to market pharmaceutical and
agricultural chemical products from disclosure and from "unfair commercial use". Please
explain how Kuwait implements this obligation, and in particular, please explain procedures ifany that the Ministry of Health and Population and the Ministry of Agriculture have
implemented to give practical effect to this obligation.
Please see the response to question 25.
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
TRIPS Agreement, including plant variety protectio n, 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.
In general, enforcement measures were taken seriously against a complaint from the right
holder.  An assignment (is taking place) for a special committee to study additional extension of
protection to include measurements of enforcement and other issues.
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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 36
Please see the response to question 28.
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.
Please see the response to question 28.
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
request customs authorities not to release goods into free circulation and cite to the relevant
provisions of law.  Please indicate if the cust oms authorities 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 acts
and deeds are within criminal 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 atany 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 disciplinary
authority during carrying out its functions therefore the law has authorized the same to discipline anyacts 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 for intellectual property rights
protection.  We had indicated the same through Article 433 thereof, which includes the literary works
of non-Kuwaiti authors and those published for the first time in the State of Kuwait and also the
literary works of citizens of member states in the agreement of world organization of intellectual
rights that are published for the first time in one of these states.
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.
Please see the response to question 28.
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 canbe 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.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 37
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 ofjudicial 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 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 intellectualproperty rights.
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 the
same 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 circumstances seizure, forfeiture and
destruction of infringing goods and any materials and implements are available as remedies in
wilful trademark counterfeiting or copyright piracy cases and describe the conditions under
which such penalties would 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 committing
the 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, integr ated circuit layout-design, and trade secret
enforcement for each of the years 1998 and 1999, including the number of cases filed;
injunctions issued;  infringing products seized ;  infringing equipment seized;  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 number
of the cases which are still under consideration  by judicial bodies.  A statement of the same is set out
in annex 3 below.
38. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringement fo r each of the years 1998 and 1999, including the
number of raids, prosecutions, convictions, and th e amount of fines and/or jail terms (including
whether the fines were paid and whether the jail term was actu ally served or was suspended)
and any other information establishing that the criminal system operates effectively to deter
copyright piracy and trademark counterfeiting.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 38
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 Kuwaiti 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 utmost efforts to
put Kuwait intellectual property rights into effect and are obtaining best results in combatting  pirated
copyright.  In their belief of the necessity of putting an end to these uncivilized phenomena, they are
encouraging authors and committing to  the international agreements signed by the State of Kuwait
that will play an effective and great role in enriching the cultural scientific movement as well asboosting the economic movement.
All government authorities are holding a lot of training courses and seminars for their
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 updatedtechnology as a tool for the completion of these tasks,  together with their participation in all regional
and international conferences being held to raise the standard of performance of those staff who have
clear evidence in fighting piracy in the past period.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 39
ANNEX 1
Explanatory memorandum of the La w on Intellectual Property Rights
Literary, artistic and scientific works are the fruits of human thought, the outcome of intellect
and the mirror of man's character.  There is no doubt that the protection of the author's rights has
become one of the strong requirements necessitated by the present cultural progress and also
necessary because of the introduction of modern printing and publishing techniques, the protection of
the author's rights, preservation of the fruits of their efforts and intellectual innovations.  It has
become necessary to encourage to continue their technical and scientific activity.
Due to the importance of protecting authors' rights, Kuwait has acceded to several
conventions, such as the Arab Convention for the Protection of Authors' Rights in 1986 and the
founding treaty of the World Intellectual Property Organization.  For these considerations and to
complete the basic laws in the country, the law is  prepared for the efficient protection of the author
based on  national legal texts.
The provisions of the law reflect significant mode rn legislative attitudes, points of view and
are in line with contemporary legislation.  The law pays attention to the international conventions
related to the protection of authors' rights with which Kuwait is affiliated.  The law includes within its
text the provisions of such conventions and adopts the latest solutions concluded by theseinternational conventions, notably the World Convention on Author Rights Geneva (1952) and its
various amendments, the Arab Convention for the Protection of Authors' Rights, the Convention on
Trade Related Intellectual Property Rights with which Kuwait is affiliated as per Law No. 2 of 1998
as well as the reports of the International Committee formed in accordance with the provisions of the
said convention for keeping pace with the developed countries which adopted these solutions afterthese become internationally established rules.
Under Chapter I the law specifies the scope of protection.  The law does not specify the types
of art works protected by it by way of limitation in anticipation of future additions.  However, it
makes a general rule and gives some examples of the common and circulated type.  The first
paragraph of article 1 provides that the works whose authors have legal protection are newly created
works in the fields of arts, letters and sciences irrespective of the value, type, compilation, objectiveor expression style of these works so that this scope includes known works in the present and those
works which may be created in the future.
The second paragraph of this article defines the author as the person who creates the compiled
work as well as the person to whom the. work is attributed upon publication thereof in any manner
that  allows no doubt regarding his identification.  This is a legal fact that may be disproved by all
legally stipulated means
Article 2 points out examples of the works which its authors are protected by law from what
is common and generally accepted nowadays, such as computer software and databases, in conformitywith established rules in accordance with international conventions, being considered as literary
works.  It does not omit to expressly prove that protection also covers the title to the work if this is
distinguished with an innovative form but not if it is a common word denoting the subject matter of
the work.
Article 3 deals with works derive d from previous works including translated works as well as
all forms of existing works compiled into new forms and covers them with the protection where
permission from the original author to do so has been obtained.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 40
The third paragraph of this article provides for a restriction with respect to photographic
works, namely that the author may not prevent others from taking new photographs of the thing
photographed.  This restriction is not considered as limitation of the rights of the photographic author.
The protection of photographic work necessitates the prevention of reproduction of photographsdirectly from the same photographic work without perm ission from the author.  However, it does not
prevent the taking of other photographs  at the same place even if this is done unless the same
conditions as the first photographs.
Chapter II of the Law regulates the author's rights.  The first part of this chapter deals with
general provisions.  Article 4 provides that the author shall solely decide whether his work is
published and how it should be published.  He is also entitled to utilize it financially.  It prohibits thirdparties from using this right except under prior written permission from the author or his successor.
Article 5 quoted certain forms in which a work may be utilized financially, namely
reproduction and presentation to the public through public performance, translation, amendment,
summary, explanation and modification into any other form.  It is understood that these forms werenot mentioned in this article as example.
Article 6 states some of the author literary rights related 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
amendment made by third parties to his work without permission from him.  It also provides for theexceptions thereof.
On the other hand, Articles 7 - 11 provide for the cases 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
without his permission.  It is remarkable that these last cases do not conflict with the author's rightsrelated to his work because the  same do not imply material utilization or infringement of his literary
right.  However, they agree with a nature of this  right that aims to promulgation culture in general.
These cases include the music play or acting in a private meeting which does not yield financial
benefit or where the reproduction is done for the priv ate use of an individual or by a public library or
non-commercial registration house provided that the reproduction is limited to the fulfilment of its
need and does not prejudice the ordinary utilization of the work, or the presentation, quotation or
analysis of some work for criticism, study or inform ation etc.  Provided that the reference and author's
name are clearly mentioned.  However, the author shall solely have the right to publish collection of
his speeches or articles as stipulated in Article 12.
After the law has stated the author's rights during his life, it deals with the disposition of such
rights after his death.  Article 13 thereof indicates the reason for rights of material utilization pass tohis heirs in addition to the need to comply with any contract he may have concluded with publishing
houses or his will to prevent publication or setting times or conditions therefor.  In case of a joint
work it provides for the passing of his share to the remaining authors in equal shares if he has no heir
or legatee and it is not agreed otherwise in writing.
Then the law deals with the case when the  heirs of a Kuwaiti author do not publish the work
of their legator nor republish it while the public interest necessitates publication of the work.
Article 14 entitles the Minister of Information to request the heirs to publish the work under a
registered letter with recorded delivery.  If the author's heirs or his successors insist on refusing
publication of the work, the Minister shall be entitled to have an order issued by the president of theCourt of First Instance to hand over the work to him for publication.  All this shall be without
prejudice to the entitlement of the author or his successor to fair compensation.
Article 15 of the law provides for special provisions concerning performing artists such as
singers, musicians and dancers as the practical reality has revealed that the share of some performingIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 41
artists is many times double the share of the author of the work.  However, some of them may be the
most important reason the public is attracted to a work and its popularity.
Whereas the author's financial rights related to his work is temporary by its nature, Articles 16
and 17 of the law states the expiry of the protection period of all types of created works.  Article 16
provides for the expiry of the author's right of protection and the right of the person who translated his
work into another foreign language in connection with the translation 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.  However, the Minister of Information may license the translation of
the work into Arabic or publishing thereof one year after the date the original or translated work was
published for the first time in addition to a fair compensation is paid to the author or the person towhom the translation rights have passed, for the pr omulgation of culture so that society benefits from
every innovated and creative work.
The first item of Article 17 provides for the general rule related to the period of protection
that lasts for the author's life and fifty years after his death.  If several authors create the work, theperiod of protection shall be calculated as of the date the last surviving author dies.  In both cases, the
period shall start as of the end of the calendar year when the death occurred.  The second and third
items of this article provide for another date for the commencement of the period of protection in
connection with some works.  The law here pays attention. to the public interest and gives it priority
over the author's interest in view of the nature of the work or the connections attached to itspublication or if the author is an artificial person.  The second item of this article considers the first
date of publication as the time from which the fifty year period would be calculated and after which
the right of utilization shall expire in connection with the works published under an assumed name or
without mentioning the author's name unless the author under his assumed name is known to the
public or unless the author discloses his identity.  In this case, the provisions contained in the firstitem thereof shall be applied to him.  This is also applicable to works where the entitled person is an
artificial person.  This is also the case in connection with cinematic works, photographic works,
applied arts, computer software, databases and the works that are published for the first time after the
death of their author.  The third item considers the end of the calendar year during which the
performance is done as the commencement date for calculating the fifty year period stipulated for the
expiry of protection in the case of performing artists and the end of the calendar year during which
recording was made in connection with the producer of cinematic works or works prepared for radioor TV.  The fourth item provides for a shorter protection period in connection with the programs of a
broadcasting corporation, i.e. twenty-five years to co mmence as of the end of the calendar year during
which the work was first broadcast.
In the second part of the second chapter, the law deals with some works that require special
provisions such as joint work that is complied by several persons whereby the portion of any of them
cannot be separated from the share of the other.  Article 18 provides that all authors are considered as
having equal rights in such a work unless it is otherwise agreed in writing.  It prevents them from
exercising the copyrights with respect to this wo rk except under this unanimous agreement, except for
taking precautionary and summary procedures and any of them may claim for compensation for hisdamages because of such infringement.  It provides  that the Court of First Instance is competent to
decide any dispute between them in this regard.
However, if it is possible to separate the share of each author, Article 19 provides that each of
them is entitled to utilize the part that he solely  contributed, provided that this shall not affect the
utilization of the joint work unless it is otherwise agreed in writing.
Due to the fact that one compilation element of the joint work may have special
predominance or importance in relation to the other elements, Article 20 entitles the author of the
musical part only of a work with music and lyrics, such as an opera, to operate or license the publicIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 42
performance of the joint work in whole or the execution or publishing thereof.  It also entitles the
author of the literary or to utilize his own part provided that he shall not use it as a basis for another
musical work unless it is otherwise agreed in writing.  Article 21 entitles the designer of movements
of joint works which are executed in the form of movements accompanied by music such as ballet,show and sport games if accompanied with music to license the public performance, execution or
shooting of the whole of the joint work and makes the composer of the musical part free to dispose of
his part provided that it is not utilized in a work similar to the joint work unless it is agreed otherwise
in writing.
After Article 22 specifies who is considered to be a partner in the creation of cinema work or
a work prepared for radio or TV.  Article 23 provides that the author of scenario of this work and theperson who modified the literary work and the direct or are together entitled to present it despite any
objection made by the music composer, without prejudice to the rights resulting from participation  in
the composition.  The second paragraph of the article entitles the author of the literary and musical
part to publish his work in any other manner unless it is otherwise agreed in writing.  Article 24 deals
with the case when a participant in the compilation of one of these works does not complete his ownpart of such a work and deprives him of the right to object to the use by the other participants of the
part which he has already completed so that his objection, which may be ungrounded or unimportant,
does not result in the suspension of the artistic work or in gross material losses which are not
compatible with reasons for the objection.
As the production of the video works necessitates its producer's reproduction thereof without
interference from the authors who have an interest in the same work, so Article 25 defines the
producer of cinema works or works prepared for radio or TV as the natural or artificial person who
completes it or assumes liability for such comple tion or the one who gives the author thereof the
material and financial means necessary for the completion thereof and then entitles him to allpublishing rights in his capacity as their attorney as well as their successors' attorney with respect to
the presentation and utilization thereof unless it is otherwise agreed in writing.
Article 26 provides that a collective work is that work is created by a group under the
direction of a natural or artificial persons whereby the contribution of each participant cannot be
distinguished nor separated out, such as  an encyclopedia and thesaurus.  In this case, the person who
directed the innovation of this work and compiled it shall be solely entitled to exercise the rights ofthe author.
Article 27 of the law provides, in connection with a work created by a person for the account
of another person, for a provision contrary to that related to the collective work.  In case of the
collective work, the contribution of participant to this  work is mixed with the others' contributions and
therefore cannot be attributed to one of them only.  Therefore, the law decides that it be attributed to
the natural or artificial person who directed the innovation of this work.  As for a work compiled by a
specific person even under the direction and for account of another person, the character of the author
shall remain clear and evident in it and therefore th e work shall be attributed to the innovator as a
general rule unless it is otherwise agreed in writing.
Article 28 of the law contains a legal fact that the publisher of the works made under an
assumed name or the works which do not bear the author's name is considered as the latter's attorney
with respect to the exercising of his rights thereto.
Article 29 of the law contains some provisions related to photography.  It lays down a general
rule that a photograph may not be displayed or reproduced and distributed without consent in writing
from the person who is photographed unless the photograph was published on the occasion of a public
event or  is related to officials or publicly known persons or if the authorities permit the publicationIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 43
thereof in the public interest unless such an act affects the honour or reputation or prestige of the
photographed person.
The third part of the second chapter of the law deals with compilation rights.  Article 30
provides for the right of the author to transfer the ri ght of utilization; referred to in Articles 4, second
paragraph and 5 of the law to third parties.  It makes the validity of transfer conditional upon it being
in writing, so that each right, which is subject to transfer, its extent, its purpose, period, and place of
utilization are determined.  Writing here is the basis of validity and not just probation means.  In the
last paragraph of this article, it obliges the author to abstain from any act that should impair the
transferee's utilization of the transferred right.  The fifth paragraph provides that the provisions related
to the author's assignment of his rights in accordance with the provisions of this decree law apply toperforming artists.  Article 31 also permits the author to dispose of his rights related to the work on
the basis of a relative sharing of revenues and treats the case when an. agreement is unfair to the
author's rights with a provision which is considered  a deviation from the general rules of contracts, a
provision necessitated by considerations of justice, on the basis that an author is usually wronged in
the relationship existing between him and a publisher or presenter particularly if he is a rising or newauthor.
As the literary rights stated in Articles 4,  first paragraph, and 6 of the law are personal rights
of the author, the law explicitly stipulates in Article 32 that each disposal thereof is invalid.  It also
provides in Article 33 for the invalidity of the author s disposal of his total future intellectual output.
If the work is a single original work of art the law is keen to provide explicitly in Article 34
that the author's disposal thereof would not transfer his rights thereof to the transferee, but he is not
entitled to oblige the latter to enable him to make a true copy thereof or present such, a copy unless
they agree otherwise in writing in the transfer agreement.
The law does not omit to entitle the author only under Article 35, if serious reasons arise, to
request the Court of First Instance to order the withdrawal of his work from circulation despite the
disposal of his right of utilization in consideration for a compensation to the transferee for any
resulting material damages.  The author shall pay the compensation as ruled by the court in advance
within a specified period before actual withdrawal of the work.  If the author does not pay the
compensation within the specified period, the judgement ordering withdrawal shall be invalid and thework shall put into circulation once again.
In the third part thereof, the law states the precautionary procedures and penalties that
guarantee the protection of the author's rights in an efficient and quick manner. Article 36 permits the
author and his successor to request a judge of summary matters in the court of first instance to orderthe taking of all or some of the protective procedures specified in case of infringement of his right to
publish the work or show it without written permission from the entitled person.  These protective
procedures are of two types:
The first type: This is intended for suspensi on of the damage resulting from infringement of
the author's rights i.e. suspension of future dama ges. This type includes the following procedures:
detailed description of the work, suspension of its publication, presentation or manufacture, recording
of public performance with respect to a compiled melody, acting or delivery to the public and
prevention of the continuance of the existing show or its prohibition in the future.
The second type: This is intended for the assessment of the actual damages resulting from the
infringement and taking the procedures that would preserve the author's rights by elimination of such
damage. This type of procedure includes, attachment of the original work or its copies as well as the
materials used for reproduction thereof and assessment of the revenues resulting from publishing or
showing it by an expert delegated for this purpose, attachment of these revenues in all cases.  TheIP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 44
ordering judge may oblige the applicant to deposit an appropriate guarantee to ensure the seriousness
of the application.
This article also obliges the concerned party to file the original dispute with a competent court
within eight days following the issue of the order,  otherwise the order shall be deemed null and void.
Article 37 provides that a complaint may be filed against an order issued in the cases
stipulated in Article 36 before the judge who made the order who may rule for confirmation of the
order or amendment or cancellation thereof and appoint a receiver for the dispute work.
Article 38 mentions some procedures which the trial court, upon referral of original dispute
and upon the request of the author or his deputy  may order such destruction of the copies of the work
unlawfully published and the materials used for publishing it and the change of its features or making
them unsuitable for use.  However, it made an exce ption for this i.e. in the circumstances where the
author's right expires after less than two years from th e date the judgement is issued.  Instead of this, it
permitted the court to rule for confirmation of precautionary attachment for fulfilment of thecompensation filed in favor of the author.  This exception necessarily includes the case of a work
translated into Arabic in violation of the first para graph of Article 15 on the basis that this violation is
not so serious that it necessitates a judgement for destruction.  The second paragraph of the article
provides that the compensation amount ruled in favor of the author shall have a lien over the sale
price of the attached items and money for fulfilment  thereof.  The only lien that shall have priority
over it is that of the judicial expenses spent for preservation maintenance thereof and collection of
such amount.
Article 39 provides that attachment may not be  imposed on the author's right to publish his
work.  The right that may not be attached means th e author's financial right. Concerning the literary
right, it is well established that it may not be subj ect to attachment or disposal thereof because it is
one of the rights attached to personality.  The provision that attachment of the financial rights may not
be imposed, although it is disposable by nature, is considered a deviation from the general rules so
that the author is not obliged to publish his work involuntarily through attachment in violation of his
literary right.  If the author voluntarily decides to publish his work and had done so, his literary right
shall expire and only his financial right remains i.e. the copies that were published and are possessed
by him.  Therefore, this article expressly provides that these copies may be attached.  However, theauthor's financial right related to works where he died before deciding whether to publish them may
not be attached for the aforementioned considerations.  However, if it is conclusively established that
before his death the author intended to publish his work, the heirs may publish it and hence the
creditors may impose attachment on the copies thereof.
Article 40 provides that buildings may not be attached and no judgement may be passed for
destruction or confiscation thereof.  The national he ritage of Kuwaiti society is also considered the
public property of the state.  The state, represented by the Ministry of Information, will initiate the
protection of the moral and financial rights of the author.
Article 41 provided that each author whose rights contained herein is subject to an
infringement shall be entitled to compensation.
In the second part of the third chapter, penalties are provided.  Article 42 specifies the
penalties that the court shall order for infringement of the author's rights.
The third part, that is the last part of the law, contains some miscellaneous provisions.Article 43 specifies the scope of the law with respect to compiled works.  It provides that its
provisions are applicable to:IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 45
1. works compiled by Kuwaiti authors and published in Kuwait or abroad;
2. works compiled by Arab authors who are nationals of the member states of the Arab
Convention on the Protection of Authors' Rights and published in one of these
countries;
3. works compiled by foreign authors and published for the first time in Kuwait;4. works compiled by authors who are nationals of the member states of the World
Intellectual Right Organization (Treaty) that are published for the first time in one ofthese countries;
5. works compiled by foreign authors who are nationals of the countries which treat
Kuwaiti an author works on reciprocal basis.
The law allocates Article 44 to the aforementioned works that have already been published at
the effective date hereof.  It provides that its provisions be valid thereto including the rules relating to
the calculation of the period of protection.  Concerning the conventions related thereto, this article
confirms in its last two paragraphs that the law's provisions shall apply to the works completed after
the effective date thereof excluding those concluded before the effective date thereof to which suchprovisions shall not apply and they shall remain subject to the rules valid before that date.
Article 45 provides that the Minister of Information is authorized to delegate necessary
employees for the execution of this law's provisions and give them  the right to enter places dealing
with the works subject to the provisions hereof  and note down the violation and the respective
minutes.
Article 46 provides that the public prosecution is concerned with the investigation, disposal
and litigation of all crimes resulting from the application of the provisions of this decree law.
Article 47 provides that any provision contrary to the provisions of this law is hereby
cancelled.
Article 48 provides that the Minister of inform ation shall issue the necessary decrees for the
execution of this decree law.  It also permits him to issue a decree for imposing fees against the works
carried out by the concerned bodies for protection of the author's rights stipulated herein.
Concerning violations when a judgement may be issued for shutting down a firm the article
permits the public prosecution or the court to permit the opening until the case is decided.
Article 49 provides that the ministers, each within his area of concern, shall execute the
provisions hereof and that this law shall come into effect as of the date of publication hereof in theOfficial Gazette and presentation to the National Assembly.
Whereas the interest of the State of Kuwait necessitates accelerating the issue of a legislation
dealing with the protection of the intellectual property rights, in such a way that any delay must be
avoided, and due to the fact that this subject requires quick completion, so the law should be givenexpedite character.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 46
ANNEX 2
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 to
abide by the provisions of this law, and warns all those who sell, deal with or use any
imitated copies of computer software, 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.
_______________
ANNEX 3
A statement of artistic work apprehensions - Ministry of Information
after the enactment of the Intellectual Proprietary Rights Law No. 64 of 1999
Work Number of
apprehensions
Video prints 34 037 tapes
Audio prints 17 593 tapes
Computer 3 823 CDs
Computer (hardware) 34 sets
Playstations 24 419 CDs
Video cassettes sold by
salesmen40 473 tapes
Twenty cases have been referred to the court, and are currently under processing.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 47
ANNEX 4
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 decides
Article OneThe following officials of the Ministry of Information shall be given judicial apprehension
capacity:
1. Qannas Hamad Al Odwani
2. Asad Abdul Làtif Al Khalifa
3. Abdullah Khaleel Al Tulaihi4. Waleed Khaled Al Zayed
5. Dakheel Hamad Al Qahtani
6. Faisal Khalifa Al Khaledi
7. Basheer Mas Al Mas
8. Thamer Bader Al Barazi9. Sabah Salman Shaher
10. 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 Khalaf16. Waleed Khaled Al Najjar
17. Ali Ahmed Al Man'e
18. Khalaf Falah Al Mutairi
19. Hamad Ahmed Al Shati
20. Bader Faleh Jafar21. Bader Nasser Al Muteiri
22. Mohammed Saleem Al Subaie
23. Manahi Saud Al Shaheen
Article TwoThe 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/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 48
ANNEX 5
Achievements of the Ministry of Information in its implementation of
the Kuwaiti Intellectual Property Law No. 64 of 1999 (Copyright and Related Rights)
1. Subsequent to its joining of WIPO in 1998, Kuwait issued Law No. 64 of 1999 on the
protection of intellectual property rights, on 9 January 2000.
2. Ministerial Act No. 106 of 2000 was issued conferring legal apprehension capacity on a
number of inspectors at the Ministry of Information.
3. The Ministry has published warning advertisements on television and local newspapers aimed
at companies and individuals on the importance of adhering to the law and discarding illegitimate
copies of software programs.  That, in addition to the continuous written warnings the Ministry has
sent to violating companies.
4. In cooperation with WIPO and the Ministry of Justice, the Ministry of Information has
organized a training workshop for the Kuwaiti Judiciary on copyright and related rights, on 18-21
November 2000.
5. The Ministry of Information has also organized a training workshop for the employees at the
Artistic Works Department who has legal apprehension capacity.
6. Arising from its conviction of the importance of this law, the Ministry has participated in a
number of international events (conferences, workshops) on intellectual property, covering such
topics as the rights of the author and related rights, piracy, satellite channels and intellectual property,etc. in Lebanon, Egypt, Italy, Geneva , United Arab Emirates and Azerbaijan.
7. In May 2001, at the Azerbaijan Conference on Intellectual Property organized by the
Azerbaijan Government, WIPO and ISESCO, the latest BSA piracy rates showed Kuwait with a 7%
decrease in piracy activities for the year 2000.  This percentage was one of the greatest declines in
piracy rates among countries cited.
8. In addition to the ongoing inspections and raids campaigns by the Ministry of Information
inspectors against violators of the law.
Following is a list of the items seized up until May 2001:
Video cassettes 110,792
Audio cassettes 47,103
Computer CDs 48,426
Video Games (Playstation) CDs 52,414
Decoder cards (Smart cards) 170
Decoder sets 31
Street Vendor Video Cassettes 44,473
In addition, 24 businesses have had legal action taken against them due to their sale of illegitimate
copies of software.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
Page 49
ANNEX 6
Article 66 of Law No. 68 of 1980
Any application for a Trade Mark Registration shall be submitted to the Department of the Trade
Mark Registration, in conformity with the formalit ies and conditions provided for in the implementing
Regulations of this Register.
Article 77 of Law No. 68 of 1980
1. The Protection Period of the Mark resulting from its registration is ten years, and the person
entitled to it shall have the right to secure the continuation of such protection for any new periods if he
applies for renewal within the last year under the formalities and the conditions provided for in
Article 66 hereof.  Within the month following the expiry of the protection period, the registrar shallnotify the owner of the Mark in writing of the expiration of its protection period, at the address
recorded in the Register.  If the owner of the Mark  fails to submit an application for renewal within a
lapse of three months following the expiry date of the protection period, the Registrar shall on his own
accord cancel the Mark from the Register.
Article 3 of Ministerial Act No. 8 of 1995
The application for registration shall incorporate the following particulars:
a. The name of the applicant and his surname, occupation and trade name, if any.  If the
applicant is a company, the name of the company, its address, the place of its registered office
and its objects shall be stated.
b. The nationality of the applicant and his place of business.c. The mark required to be registered.d. Statement of the goods, products or services for which registration of the mark is required
along with the number of class of goods related thereto.
e. The territory where the business or the exploitation project the goods or products of which are
distinguished or are to be distinguished by the mark is situated.
f. If the application is made by an agent, his name, surname and address should be stated.g. Elected domicile of the applicant in the State of Kuwait to which all correspondence and
documents pertinent to registration should be sent.
h. The signature, seal or thumb-print of the party concerned or that thereunto by him authorized.
If the applicant is a company or a society, the papers shall be signed by that entitled in
accordance with its memorandum of association and articles of association to sign on itsbehalf.IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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ANNEX 7
Article 61 of Law No. 1 of 2001
[A trademark is anything which takes a distinctive form, including words, signatures, letters, numbers,
drawings, symbols, titles, seals, pictures, engravin gs, graphic components or colour composition; any
other mark perceptible by sight, sound or smell; or any other mark or a collection thereof, if such are
used or intended to be used to distinguish goods, products or services in order to indicate that they
belong to the owner of the mark because he manufactures them, selects them, trades in them ordisplays them for sale.]
Article 62 of Law No. 1 of 2001
[Shall not be trade mark, nor shall be registered as such, a mark that:
1. does not distinguish the products or services of any firm from those of other firms;2. is contrary to public order or public morality;3. is likely to mislead the public or commercial circles, especially as to the geographic origin of
the products or services concerned, or as to their nature of characteristics;
4. corresponds to an honorary emblem, a flag, or other emblem, a name, an abbreviated name,
initials, an official sign or acknowledge emblem of any state, inter-governmental organization or an
organization established by an international agreement; or is an imitation thereof of a component part,
unless authorized by the competent authorities of that state or organization;
5. is identical, or similar to the point of confusion, with another mark or trade name well-known
in the State of Kuwait, or amounts to a translation thereto, in respect to identical or similar goods and
services of another firm; or denotes goods or services which, although not identical or similar, its useis likely to suggest a connection between the mark  and another well-known mark or trade name in a
manner that might prejudice the owner of the [that] mark;
6. is identical with the mark of another owner that  has been registered or applied for prior to the
application for the registration of the mark concerned, as to the date of submission or that of priorityconcerning the same goods or services or concerning closely related goods or services, or is similar to
an extent that might be misleading or confusing.]
Article 77, para. 2 of Law No. 1 of 2001
[2. Within the month following the termination of the period of protection, the Registrar shall
notify the owner of the mark in writing that the pe riod of its protection has ended; such notification
being sent to him at the address entered in the Regi ster.  Should six months pass following the date of
the end of the period of protection without the owner of the mark presenting an application forrenewal, the Registrar shall automatically delete the mark from the Register.]IP/Q/KWT/1, IP/Q2/KWT/1,
IP/Q3/KWT/1, IP/Q4/KWT/1
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ANNEX 8
PART TWO
DESIGNS AND INDUSTRIAL MODELS
(Article 35)
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 a design or industrial model.
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ANNEX 9
Article 2. – A patent of invention shall not be granted in respect of the following:
1. inventions, the exploitation of which is against morality or public policy [ public order ];
2. discoveries, theories, mathematical methods and computer programs;3. schemes, rules or methods for doing business, performing purely mental acts or playing
games;
4. plant varieties, animal species, or processes used for the production of plants or animals, other
than microbiological processes and the products of such processes;
5. methods for treatment of the human or animal body by surgery or therapy, as well as
diagnostic methods practised on the human or an imal body; with the exception of products for
use in any of those methods.
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