WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual J>roperty Rights IJ>~/lf1(~T/C/l 
22 November 2000 
(00-4964) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LA WS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
KUWAIT 
By means of a communication from its Permanent Mission, dated 21 August 2000, Kuwait has notified 
the attached textl of Decree Law No. 64 of 1999 Governing Intellectual Property Rights, under Article 63.2 of 
the Agreement? 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AV TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
KOWEIT 
Par une communication de sa Mission permanente, datee du 21 aofit 2000, KoweH a notifie le texte I ci­
joint du Decret-Ioi n° 64 de 1999 regissant les droits de propriete inteIlectuelle, au titre de l'article 63:2 de 
l'Accord.2 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
KUWAIT 
Mediante una comunicaci6n de su Misi6n Pennanente, de fecha 21 de agosto de 2000, Kuwait ha 
notificado el textol adjunto del Decreto Ley N° 64 de 1999 que rige los Derechos de Propiedad Intelectual, en 
virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo.2 
1 In English only.lEn anglais seulement.lEn ingles solamente. 
2 The WTO Secretariat has been in contact with the Permanent Mission of Kuwait to obtain an improved and more 
complete text of this notification in areas where this text is not clear or is incomplete. The additional material will be 
circulated as soon as it is received.lLe Secretariat de l'OMC a contacte la Mission permanente du KoweH pour obtenir un 
texte plus clair et plus compiet des parties de la notification qui sont incomp](:tes ou manquent de clarte. Ce complement 
d'information sera distribue des qu'il sera re~u.lLa Secretaria de la OMC ha estado en contacto con la Misi6n Permanente de 
Kuwait con el fin de obtener una copia mas clara y mas completa de las partes del texto notificado que no resultan claras 0 
estim incompletas. La informaci6n adicional se distribuira en cuanto se reciba. IP/N/IIKWT/C/1 
Page 2 
Having reviev-led 
The Constitution, and DECREE 
LAW NUMBER 64 OF 1999 
GOVERNING 
INTELLEcruAL PROPERTY RIGHTS 
The penal code issued as law # 16 of 1960 and all amending laws, 
The penal pro cedures and trial regulations issued under law # 17 of 1960 and all amending laws, and 
Law #3 of 1961 on publications and printing and all amending laws, 
.The Ci,,-il and Commercial Procedures Law issued as decree law #3 8 of 1980 and all amending laws, 
The Civil Law issued as decree law # 67 of 1980 as amended by law #15 of 1996, 
Law #16 of 1996 ratifying the Arab Convention for the Protection of Authors' Rights, 
Law #2 of 1998 ratifying the affiliation of the State of Kuwait with the \Vorld Intellectual Property 
Organization Treaty, and 
\Vith the approval of the Council of Ministers, 
\Ve do hereby promulgate the folloVring decree law: 
First Part 
Scope of Protection 
Article (1) 
The authors of ne'v;ly created works of arts, letters and science shall be under the protection hereof 
irrespective of the value, type, objective or e.,'{pressive style of these works. 
An author means the person who creates the work, or to whom the work is attributed upon publication 
thereof whether by mentioning his name on the work or in any other manner unless there is evidence to the 
contrary. 
Article (2) 
The protection shall cover the following works in particular: 
(a) \Vritten works. 
(b) Worb delivered orally, such as lectures} speeches, religious sennons and the like. 
(c) Theatrical \vorks and musical plays. 
(d) Musical works with Of "v1thout ~~~ 
(e) \Vorks performed by means of movements or steps and mainly prepared for direction. 
(f) Movie v.:orks. and audio, video and radio works. 
(g) Painti~g and works depicted by means of lines, colors, and diagrams as well as works of architec-
ture, sculp~ arts, carving and decoration. 
(h) Photographic works. 
(i) Wor~ of applied an, including craft or industrial designs. 
U) Illustrations) geographic maps., designs, plans and models relating to geography, topographY, 
architecture and science. 
(k) Computer works including software, databases and the like. 
( 1) Derived and translated works. ~{"!.t/ ,.'t.., ..... ~~ 
(Jr...".," .. -
The protection also covers the title of the work if this is crdated and it is not a common expreSSlOn that 
indicates the subject matter of the work. ~~ Article (3) IPINIlIKWT/CIl 
Page 3 
The protection shall also cover those who, under permission from the author, have translated the work into 
another language and those who have abridgedJ amended or explained such works or earned out any 
other act that gives such works a neVl shape. 
The protection stipulated in the previous paragraph does not effect the protection of the original author of 
the \vork. 
However, the rights of an author ofa photographic work shall not result in preventing others from taking 
new photographs of the photographed object even if these ne\v photographs are taken in the same way 
and in the same general circumstances as the first photographs. 
Second Part 
Author's Rights 
First Chapter -General Provisions 
Article (4) 
The author shall have the right to decide whether his work should be published and to detennine the 
manner in which it is to be published. 
He [$ solely entitled to utilize his work financially in any marmer and third parties may not exercise this 
right unless they have prior written permission from him or his successor. 
Article (5) 
The authors right ofutili.nItion includes the fOUO\.vlng: 
(a) The reproduction of the work in whatever fonn. 
Cb) The presentation oftlle work to the public through public performance, theatrical perfonnance) 
radio transmission, TV or cinema shows or by any other means. 
(c) The translation of the work into any other language or its amendment, surnmarization, explana­
tion or modification into any other form. 
Article (6) 
I. I I I r'lI 11 I allll(J hiaJuorr lti.ohIJlrn.tn hif11.WltrsS the work is mentioned inciden~ 
~ Article (7) .-------- -
After publishing his work, the author may not prevent the presentanon Ul PCUVllUUUVV ~1 ....... __ L"!L".1.:. J J ~ __ 
of act occurs during a private meeting that does not yield any financial outcome directly or indirectly. 
Article (8) 
Ifa person reproduces a copy ofa published work or translates it or quotes from it or modifies it in any 
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 
puqJU~C; ULt:.l"OOl: 13 enU01~ ~illell~CLU1""" •. " ••• 1y orin.forrn.nt1on, ["Irn'\flrlNi thRt the reference to the original 
work and the author are clearly mentioned. IP/NI1 IKWT/C/1 
Page 4 
Article (10) 
Newspapers, periodicals, radio, TV and other mass media may use, without the author's permission, 
anicles relating to the political, economic or religious discussions which preoccupy the public opinion at a 
specific time as long as the quoted original does not contain an explicit provision expressly prohibiting such 
quotatiofl 
When a quotation is cited or published, a reference to the work of art and the author's name must be 
clearly sho\VI1. 
Article (11) 
Newspapers, radio and other mass media may, V1ithout the authors permission, publish and broadcast by 
way ofinfonnation, speeches, lectures and discussions given at public sessions of the legislative and ad­
ministrative 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 v.,rithin the limits 
allowed by law. 
Article (12) 
In the cases stipulated in the previous two articles, the author shall be also entitled to publish collections of 
his speeches and articles. 
Article (13) 
The author's heirs are solely entitled to exercise the rights to financially utilize a work in the manner stipu­
lated herein subject to compliance with the foUov,;ng: 
(a) If the author had entered into a written contract vvith third parties conceIl'ing the use ofhis work, 
his contract must be executed in accordance with its provlsions. 
Cb) If the author has made a will preventing publication or specifying a date therwf or other condi­
tions, ills will should be executed. 
(c) If one author of a joint work dies and there is no heir or executor, his share shall equally pass to 
the remaining authors unless there is a written agreement to the contrary. 
Article (14) 
If the heirs or successors of a Kuwaiti author do not publish a work or republish it and the Minister of 
Information deems that publication of the work is in the public interest and they fail to publish the work 
within one year of the date the minister requests them to do so by registered lener \Vith recorded delivery, 
the Minister may obtain an order from the president of the Court of First Instance to have the work handed 
to him for publication without prejudice to the rights of the authors heirs or successors to fair compensa­
tion. 
Article (15) 
Performing artists such as actors, singers, musicians and others arc entitled to have a pcrfonnance attrib­
uted to them in the fonn in which they performed it. They are also entitled to the financial right to utilize 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 
recorded perfonnance available to the public through radio Of computer. 
Radio stations are entitled to the financial rights of a licence to use their recorded materials and to prevent 
anyutiliz.ation ofthe.ir programs without prior -written pemlission from them. 
Article (16) 
Protection of the right of an author of a work in a foreign language and the right of the translator of such 
work. into another foreign language to the translation of such a work into Arabic shall expire if the author or 
the translator did not exercise his right v.rithin five years of the date when the original or the translated \.vork 
is first published. IPINlllKWf/C/l 
PageS 
However, the !v1inister of Information may license the translation of a work into Arabic or the publishing 
thereof after one year from the date of the original or translated work is first published. In this easel the 
author or the one to whom the translation rights has passed shall be fairly compensated. 
Article (17) 
\Vithout prejudice to the provisions of the preceding article, the protection ofthc authors rights offinancial 
utilization shall expire: 
First: Upon the lapse offifty 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 sill\1ving 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) \Vorks, which are published under an assumed name orVlithout the authors name unless the 
author reveals his identity during this period or his true name becomes knovm to the public, in 
which case the said period will expire as contained in the first item. 
(b) Works in which the entitled person thereto is an artificial person. 
(c) Cinema works, photographic works, applied arts, computer software and databases. 
(d) Works that are published for the first time after the death ofthcir authors. 
D7irci: Upon the lapse of fifty years as ofthe end of the calendar year during which the performance 
was made in the case of the actors and as of the end of the calendar year during which the work was 
recorded in case ofthc producers of cinematic films, records or recordings prepared for TV or radio. 
Fourth: Upon the lapse ofnventy years as of the end of the calendar year when the programs were 
first transmitted in case aframo broadcasters. 
Second Chapter 
Provisions Relating to Some \Vorks 
Article (18) 
If more than one person join together mth respect to the creatlon of a work whereby the share of anyone 
of them in the joint work cannot be separated out from the shares of the others, all the authors shall be 
considered as owners of the work in equal shares unless they agree othenvise in writing. 
in this case, none of them may exercise their rights as authors except under the unanimous agreement of 
all the joint authors. In case of dispute, only a Court of First Instance may decide the matter. 
Each of the joint authors shaU have the right to take precautionary and summary procedures upon the 
occurrence of any infringement of the authors' rights as well as to file cases for claiming his share of any 
compensation for damages he has incurred as a result ofsuch infringement. 
Article (19) 
If more than one person m.s contributed to the creation of a work whereby the part made by each can be 
separated out, each one of them shaU be entitled to utilize the part which he has contributed provided that 
this would not affect the utilization of the joint work unless they agree otherwise in writing. 
Article (20) 
\Vithout prejudice to the right of the author of the literary part of the lyrics of a musical work, the author of 
the musical part shall be solely entitled to license the public performance or the ex:ecution, publication or 
re'production of the whole jOL'1t work. 
The author of the literary part shall have the rig11t to publish his own part. However, he may not dispose 
of this part as the basis for another musical work unless he and the composer of the musical work agree 
o the rv.ri.s e in v.-n ring. IP INIlIKWT lel 1 
Page 6 
Article (21) 
In the case of joint works which are performed as movements accompanied by music and all similar 
works~ the designer of the movement shall be entitled to license the public performance of the whole joint 
work or the execution or reproduction thereof. 
The author of the musical part shall have the right to dispose of this part only provided that it should not 
be used for a work similar to the joint work unless they agree otherwise in writing. 
Article (22) 
The following persons shaJl be considered to be partners in the compilation of a cinematic work or a work 
prepared for radio or TV: 
Firs!: The author ofthe scenario or the owner of the vmtten idea of the work. 
Second: The one who modified the literary part of the work so as to make it suitable for such work. 
17JiJd The author ofthe dialogue. 
Fourth: The music composer if such music is made specifically for the work. 
Fifth: The director ifhe exercised actual control over the work and made a positive effort 'With 
. _ respect to the intellectual aspects involved in achieving any ofthese works. 
Ifa cinematic work or a work prepared for radio or TV is a simplified version of, or has been derived 
from, another prevlous work, the author of this \l{ork shall be considered to be a partner in the new work. 
Article (13) 
The atlthor ofthe scenario and the one who adapted the literary \-york and the author ofthe dialogue and 
the director shall together have the right to display the movie or the \vork prepared for radio or TV despite 
the objection of the author of the original literary \vork or the music composer, without prejudice to the 
dghts of the objector arising from his contribution to the compilation. 
The author of the literary or musical part shall have the right to publish his part of the work in another 
manner unless agreed otherwise in writing. 
Aliicle (24) 
If one of the participants in the compilation ofa musical \vork or a work prepared for radio or TV did not 
complete ills own part or could not do so because of circumstances beyond his control, he shall not be en~ 
titled to prevent the other participants from using the part which he has already completed; and he shaH be 
considered the author of the portion oftJ)e part he has completed and shall have proportionate rights. 
Arlide (25) 
The producer of a movie work or a work prepared for radio or TV shall be the natural or artificial person 
\vho assumes the completion thereofor who assumes responsibility for such completion or who provides 
the author of the work with the necessary material means for completion of the work. 
In all cases, the producer shall be considered as the publisher of the work and shall have aU the publisher's 
rights. 
During the period ofutiJization agreed upon the producer shall be a legal representative ofthe author of 
the work and his successors with respect to any agreement on the showing or ublization thereof-without 
prejudice to the rights of the authors of the literary or musical works unless agreed othenvlse in writing. 
Article (26) 
A collective work is a work that is created by a group under the directions ofa natural or juristic person 
whereby the work of each participant can neither be separated nor distinguished. 
~he person who directs the creation of trus work and organizes it as a compiled work shall be solely 
enUtled to exerase the author's rights. . 
Article (27) 
If the work is created for the account ofa naturaJ or juristic person, the author's rights shall be attributed to 
the creator unless an agreement in v.Titing provides otherwise. Article (28) IPINIlIKWT/C/1 
Page 7 
Concemilig works under an assumed name or which do not bear the author's name, the publisher whose 
name is registered on the work shall be considered as authorized by the author to exercise his rights as 
stipuJated herein unless the contrary is established. 
Article (29) 
The person \vho takes photographs is not entitled to show, publish or distribute the original or copies 
thereof without the pemUssion of the persons whom he photographs unless it is agreed otherwise in writ-
mg. 
This provision shall not be effective if the photograph was published in connection with accidents which 
occurred publicly orwruch are related to public officers or well-known public persons orifthe publication 
thereofis permitted by the public authorities in the public interest. 
However in such cases, the photograph may not be sho\vn or circulated ifsuch an act would impair the 
honour, reputation or dignity of the person who is the subject of the photograph. The person who is the 
subject o[the photograph may perm.it publication in nev·:spapers and magazines and other similar publica­
tions even if the photographer does not permit this unless a \vntten agreement provides otherwise. 
These provisions shall apply to pictures whatever the method of drawing thereof: including drawing, 
carving or by any other means. 
Third Chapt~r -Disposal orCompil~tlon Righu 
Article (30) 
The author may transfer to third parties the utilization rights stipulated in articles (4), second paragraph, 
and (5) hereof 
However, the transfer of one right shall not reswt in the transferee obtaining authorization to exercise any 
other rights. 
T})e disposal shall be valid onJy when it is in writing and the right being disposed and its extent, its 
objective, and period and place ofutilization, are clearly specified. 
The author shall refrain from any act that would materially impair the use ofthe disposed right. 
The provisions relating to the author's assigrunent onus financial ~ghts shall apply in accordance with the 
provisions ofthis decree-law reJating to performing artists. 
Article (31) 
The author's disposal of his rights to the work whether wholly or partiaUy may be done on the basis of a 
proportionate sharing of the revenues resulting from the utilization or on another basis. 
However, ifit is found that the agreement is unfair to the rights of the author or ifit becomes so as a result 
of circumstances occurring after the contract date, the court, taking the circumstances into account and 
after balancing the interests of both panies} may rule that part of the net profit resulting from utilization of 
the work be paid to the author jn addition to the agreed amount. 
Artkle (32) 
Each disposal of the rights stipulated in articles (4), first paragraph, and (6) hereofshall be invalid. 
Article (33) 
An author's disposal afms total future intellectual output shall be invalid . 
. _ Artide (34) 
Disposal of the title to the sole original copy of a work of whatever type shaJJ not result in the transfer of the 
authors right in this work. However, the transferee of the title to this copy may not be obliged to allow the 
author to ~eproduce or present or show it unless it is otherwise agreed in "fliting. IPINIlIKWT/CIl 
Page 8 
Article (35) . 
The author shall solely, if serious reasons arise, requ~st the court offirst instance to w1t~dra:v. his, work 
from circulation or introduce amendments thereto despite his disposal ofms rights to finanClal UUhz.atlon. I~ 
this case the author shall pay to the one to whom the rights of financial utilization have passed a fa,lr 
compen~tjon which must be paid within a time period specified by the court, otherv.'ise the judgment mU 
have no effect. 
llIird r~ri 
Procedures nnd Penalties 
First Chnpter- Procedures 
Ariicle (36) 
A judge 0 f summary matters 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 ShO\VI1 '.Vlthout Mitten permission from the author or his successor, in violation ofthe 
provisions of article (5) hereof 
("il?t: Detailed description of the work. 
Second. Suspension of the publication, presentation or manufacturing of the v:ark. 
fllild: Imposition of attachment against the original \vork or its copies or the material used for re­
pUblishing this work. 
FOlluh: A recording of the public performance in connection v..ith a copyright melody, acting or 
presentation ofa work to the pub1ic and prevention of the continuance of the existing show or pro­
hibition thereofin the future. 
,. ,", •• I 
Fifth' .Calculation ofthe'~evenu~~ resulting from publication or performance by an expert del­
egated for this task if necessary and the imposition of attachment against such revenues in all cases. 
The judge of summary matters may order that an expert be delegated to help the execution officer and 
order the plaintiff to lodge an appropriate guarantee. 
The plaintiff shall file a case in a competent court w~thin the eight days that follow the issue 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 pany whose application \Vas rejected and the one against whom the order\vas issued 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 ill1 objection must 
be justified otherwise it \\!ill be null and void. 
In respect of the complaint, ajudgrnent shall be ma.de to confirm, amend or cancel the order. Ajudgment 
may be made for the appointment of a receiver for the disputed \vork, who shall be responsible for 
republishing, showing, manufacturing or reproducing the v/ork provided that the revenues arising should 
be lodged in the coun treasury and the receivership shall be terminated upon unanimous agreement of the 
concerned parties or by the courfs judgment. The complaint against that order shall not result in the 
suspension of its execution. 
Article (38) 
The court before which the matter in dispute is filed may upon the request ofthe author or ills deputy order 
the destruction of the copies of the work which was unlawfully published and the materials used for 
publishing it, provided that such materials may not be used for another work or it·is not possible la change 
the fea tures of the copies and the materials or make them unusable, at the responsible party's expense. 
However, the court may, ifthc author's rights shall expire after less than two years as of the date the 
judgment is to be issued, and subject to non-prejudice to the author's rights as stipulated in articles (4) and IPINIlIKWT/CI 1 
Page 9 
f 5), iceln C, and (6), fIrst partigrapn. replace the: judgnlent for destruction or chan~ing the feat~res lO a 
. jtidgment for confirmation of precautionary attachnlcnt fOT sawfYing the cornpenSD.tlO? ordere~ ill favour 
of lhe auihor. However, no juuQmcm may be issued tor destruction or changing the teaturc3, lfthe filed 
di~pLlte relates (0 a tran~iltion ~f some V:'ork into Arubic in a way that -..riol.o.t:es the provisions of anicle 
(16), fir!)t paragraph. The judgment shall be limited to con.6.rmation of precautionary attachment of the 
translated work in satisfaction of the compensation adjudged by this court in favour ofth~ nuthor. 
In all cases in connection with the debt due to him arising from his entitlement to compensation, the 
authur shall have a lien on tho net snle price of the items and the money anached for ful£llmem thereof The 
only lien that shall have priority ov~ the .said lien is the COUIt costS and any ~enses incurred in preserving 
and nu.intaining such items and in collecting such funds. 
Article (39) 
The authors rights may not be ~l.lbject to attachment but copies of the published work m.;ly be subj ec! to 
anachment. This provisjon covers works whose O\'vncr died before publication thereofunless it is conclu­
sively prov~d that he intended to publish it before his death. 
Article (40) 
Buildings may not be subject to anac.h.tncnt and no judgment may be made for the destruction or confisca­
tion thereofwith the intention of preserving the rights of an architectural author whose design and draw1ngs 
may have been unlallt'fully utilized. 
Article (41) 
When an infringement occurs agrunst one ofan author's rights as stated herein, the author shall be e.mitled 
to compensation. 
The national heritage ofKuVI'~t Society is a public properry oftho state. And the state, acting through th~ 
MiniStry ofInforrnation. has the right to ~xercise Ule author's literary and fi.n..1.ncw rights on rum. 
Any p~r"son who: Second Chaprer -PenaltiC3 
Article (41) 
a -infringes the .:luthors righrs o.s s!lpulalcd in micles 4~ 5~ 6t first pnr.lgraph, 311d 12 hereof, 
b ~ sells or offl!rs for sale: Or circu13ccs or bro:1.cic:lsts to the pu blic in an)' m3.Ilner or brings in or ukc::s 
out of the country any imitated \VOrK. 
c -disclo.se~ ur f~ciliUltCs the disclosure of COll1puter sofur..·ar-e bdorc it is published, or 
cl -remov~ or particlpatcs in the re.rnovru of ~ property right that regulates or lL.-ruts public access to 
tho work or the pt.,'·rfonnancc or th~ u:J.Ilsmissjon or the.; recorded materinJ: 
sh.~ll be li~ble to imprisorunc:nt for a m~~imum of onc y~~ ar.d :l nuximum pt.:n:dry of five hundred Ku\vai.ti 
Dma.rs or cilhl:r of these pemltit:s. TIle court may order the confiscation of all tooLs used for unb'",+,!! 
publishing if !)uch tOO[5 :lre suitable only for su~h publi:$hing 3S well ~ the cOlUiseation of ~ll copies. 
It ma.)' 3.lso order its jUdgment to be: publisheu in onc or mor~ newspapers ill the expen.se of the C01ivlCIcd 
pnny .. If the accus~ has ~ previous con vlcrlon tor commitrillg one of thd crimc~ stated herein and it l.S 
establIshed that ho committed one of thl::Sc crimc~ within fivo years prior to th~ d;lt6 of the latest juci6l1TIC.:-n!, 
the c.ourt may ptn3.1iz:e him under ~his crime with a pcn~1ty exceeding the duly stipubted nux.i.mum Hmit 
provlcL~ th..a.t such lncre<lse in the ptn~ty does not excctd m.lf the said lllnit and the· court may also ordcr 
closure of the establisbmc;lit used to commjt the crjme for a maximum of :six months. 
Fourth Put 
Closing Provi~ions 
Article (43) 
~.thOUt prejudice to the provGions oftnc international treaties applicable in the State ofKuwcir, the pro­
VISIons hCTcofshall apply to the follmving: IP fNIlIKWT fell 
Page 10 
(a) Works compiled by Kuwaiti nationals and published inside or outside Kuwait. 
(b) Works compiled by Arab authors who are nationals of the signatory countries of the Arab 
Convention for the Protection of Authors Rights, which are publisbed in one of the said countries. 
(c) Works compiled by foreign authors and published for tbefrrst time in the State of Kuwait. 
(d) \Varles compiled by nationals of the signatory member states of the World Organization Intellec­
tual Rights Treaty, published for the first time in one of the said countries. 
(e) \Vorks compiled by foreign authors who are nationals of the countries whkh treat the \lrurks of 
Kuwaiti authors on a reciprocal basis. 
Article (44) 
The prOyiSlOnS h&eof shall apply to the works stated in the preceding article that exist at the effective date 
hereof However, conccm.ing the calculation ofthe tenn of protection for these v{orks, it must include the 
period that elapsed from the date of effectiveness of the tenn until the effective date hereof 
The provisions hereof shall apply to all deeds an.cl contracts made after the effective date hereof even if 
it relates to works previously published or shown or acted. Concerning contracts made before the effec­
tive date hereof, the provisions hereof shall not apply thereto and the srud contracts shall remain subject to 
the provisions that were effective at the date these contracts were concluded. 
ArtIcle (45) 
The I'viinister of Information shall delegate staff as required for the execution ofthe provisions of this law 
,and these employees shall be entitled to have access to the printing presses, book shops, publishing houses 
arid public £inns dealing in the works subject to the provisions hereof, to search for violations and materials 
that are used to COrnrrllt vlolations and to record notes thereon as necessary. They may seek the assistance 
of the police in the perfonnance of their tasks when necessary. 
Regarding violations in respect of which a judgment may be made for the closure of a firm) the Minister 
of Information or his assignee may order the closure of the firm in which such a violation was committed 
until th~ public prosecutiO;1 or the court permits the opening thereof or the case is decided. 
Article (46) 
The public prosecution shall undertake the investigation, execution and prosecution \~ith respect to all 
crimes resulting from the application ofthis decree-law. 
Article (47) 
Any provision contrary to this decree-law is hereby cancelled. 
Article (48) 
The J\,1jnister of Information shall issue orders as necessary for the execution ofthls decree-law. He shall 
also issue regulations governing the system for filing compiled works, the procedures thereo( due fees and 
the preparation ofa special register for recording the disposals relating to the compiled works that are 
subject to the provisions of this decree-law. 
Article (49) 
The ministers, each within his powers, shall execute this decree-law which shall come into effect as of its 
date of publication in tbe official gazette and which shall be presented to the National Assembly. 
Anlir of Kuwait 
JBber AI Aho1ed AI Sabah 
Bayan Palace 
Effective Date: 29th December, 1999 
~, -. EXPLANATORY ME1Yl0RANDUl\1 
OFTBEDE~LAWFORTHE 
PROTECTION OF INTELLECTUAL PROPERTY IPINIlIKWT/CIl 
Page 11 
Literary) artistic and scientific works are the fruits of human thought and the mirror of man's ~aracter. 
There is no doubt that the protection of the authors) rights has become one of the strongest requIrements 
necessitated by the current state of cultural progress and the introduction of modem techniques in printing 
and publishing. Therefore, the protection of authors' rights and the preservation of their efforts and 
intellectual innovations have become necessary in oroerto encourage them to continue their creative and 
scientific activities. 
Due to the importance of protecting authors' rights, Kuwait became a party to several conventions such 
as the Arab Convention for the Protection of Allthorsf Rights in 1986 and the founding treaty of World 
Intellectual Property Organization. For these reasons and to complete the basic laws ofthe country, the 
attached law has been prepared for the comprehensive and effective proteajon of the author through na­
ionally applicable legislation. 
The provisions of this law reflect significant modem legislative attitudes and points Of\1ew, and are in line 
v.ith contemporary legislation and take into consideration international conventions relating to the protec­
tion of authors' rights with \vfjch Kuwait is affiliated. The law includes the provisions of these conventions 
and adopts the latest solutions devised by these international conventions, notably the World Convention 
on Author) s Rights (Geneva 1952) and its various amendments, the Arab Convention for the Protection of 
Autho~1 Rights, the Convention on Trade Related Intellectual Property Rights (TRIPIS) and the founding 
treaty of the World Intellectual Property Organization mth which Kuwait is affiliated as per law #!J. of 1998 
as well as the reports of the International Committee formed in accordance with the provisions of the 
. afuresaid convention for keeping pace with the developed countries \vruch adopted these solutions after 
they became internationally established rules. 
The first part of the lavl specifies the scope of protection but in anticipation offuture deve1opmen~ does 
nqt lirrUt the types of artistic works protected to those specified. However, the law establishes a general 
structure and gives some examples ofthe common types. The first paragraph of article (1) provides that 
the works whose authors have legal protection are ne\vly created works in the fields of arts, letters and 
sciences irrespective of their value, type, compilation, objective or expre~sive style) 50 that this scope 
includes works currently in existence and works which may be created in the future. 
The second paragraph oftrus article defines the author as the person who creates the work as well as the 
person to whom the work is attributed upon publication thereof in any manner that helps to identify this 
person. Trus is a legal fact that may be disproved by all legally stipulated means. 
Article (2) provides exampJes of works, whose authors are protected under the law, from among those 
that are common and in general use at the present time. These include computer softVv'are and databases 
v;h.ic~ in conformity with rules estsblished in accordance \v:ith inteITilltional conventions) are considered in 
the same Ught as literary works. It does not omit to expressly provide that protection also covers the title 
of the work if this is distinguished \Villi an innovative fonn and is not a corrunon word denoting the subject 
matter of the work. 
Article (3) provides works derived from previous works, including translated works as well as all fonus 
of exlsting works compiled into new forms, 'Nith protection after permission from the original author to do 
so had been obtained. 
The third paragraph of this article provldes a restriction Vlithrespect to photographic works, namely that 
the author should not prevent others from ta.lcing ne\v photographs of the thing photographed. 1bis restric­
tion is not considered a prejudice to the rights of the photographic author. The protection of photographic 
work necessitates the prevC!ntion of copying directly from the samo photographic work without permis­
sion from the author. However, it does not prevent other photographs being taken from the same place, IP/N/IIKWT/CIl 
Page 12 
even if this is done under the same circumstances as when the first photographs were taken. 
In the second chapter, the law regulates the authors' rights. The first part of tills chapter deals Votith 
general provisions. Article (4) stipulates that the author shall solely decide whether ru3 work is to be 
published and ho\v it should be published. He also has the right to utilize it financially and the article 
prevents third parties from using this right except under prior written permission from the author or his 
successor. 
Article (5) states some ways in which a work may be utilized financially, namely its reproduction and 
presentation to the public through public perfonnance, translation, modification, suIlUTlafization, explana­
tion and amendment into any other fOIm. It is understood that these forms are not mentioned in this article 
merely as examples. 
Art'icle (6) states some of the author)s literary rights relating to his work. It stipulates that he is solely 
entitled to have ills work attributed to him. lie and his successor have th~ right to object to any modifica­
tion made by third parties to his work \vithout permission from him and it also states the exceptions thereof. 
On the other hand, articles (7) to (11) describe situations when the author is deprived of the right to 
object to the utilization of his own work by third parties even if such utilization is made without his permlS­
sion. It is may be noted that these ~tuations do not conflict 'Vvith the authors rights relating to his work be­
ca~e they do not imply a material utilization or infringement of his literary right. However, they are in 
hannony with the nature of this right which aims to promulgate culture in general, such as musical play or 
acting in a private meeting which does not yield a financial benefit or where the reproduction is done for the 
private use of an individual or by a public library or registered non-commercial house provided that the re­
production is lirnited to the fulfi11'11ent of its needs and does not harm the ordi.nary utilization of the work, or 
the presentation, quotation or analysis of the work for the purpose of criticism, study or infonnation, etc ... 
provided that the reference and author's name are clearly mentioned. However, the author shall solely have 
the right to publish collections of his speeches or articles as stipulated in article (12). 
After the law has stated the author's rights during his !.ife, it clarifies the disposition of such rights after ills 
death. Article (13) thereof lirrjts the passing of material utilization rights to ills heirs and obliges them to 
comply Vvith any contracts he may have concluded with publishing houses or to comply \Vith his will should 
this prevent publication or set times or conditions thereupon. In the case ofajoint work, it proyjdes for the 
passing ofhls share to the remaining authors in equal shares ifhe has no heir or legatee and it is not agreed 
otherwise in \vriting. 
Then the law deals with the case v/hen the heirs of a KUVv'aiti author do not publish the work of their leg­
ator nor republish it. Where the public interest necessitates publication of the work, article (14) entitles the 
Iv1inister ofInformation to request the heirs to publish the work by registered letter. If the authors heirs or 
his successors insist on refusing to publish the work, the Minister shall be entitleD to have an order issued 
by the president of the Court ofFirst Instance to hand the work over to him for pUblication. All this shall be 
without prejUdice to the right of the author or his successor to fair compensation. 
Article (15) of the' law provides special provisions concerning performing artists such as singers, musi­
cians and dancers as practical reality reveals that the drawing power of some performing artists exceeds 
the attractiveness of the author of the work. Indeed the artists may be the basic reason why a work is 
popular and the public is attracted to it. 
\Vbereas the authors financial rights to his work is temporary by its nature, articles (16) and (17) of the 
la\v state when the period of protection for all types of works expires. 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. 
HOWL"VCf, the !v1in.ist~ ofWofm"ltion may license the translation of the work into Arabic or the publication 
thereof one year after the date the original or translated work was published for the first time, provided to 
a fair compensation is paid to the author or the person to whom the translation rights have passed, for the 
purposes ofpromulgating culture and the benefits society can acquire from every innovative and creative work. IPINIlIKWT/CIl 
Page 13 
The first item of article (17) states the general rule relating to the period of protection, na.ll1ely that it lasts 
for the author's life and fifty years from the date of death of the last surviving author. In both cases, the per­
iod shall start as of the end of the calendar year when 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 la\v here takes into consideration the public interest and gives it priority over the author's 
interest in view of the nature of the work orthe conditions attached to its publication or where the author 
is an artificial person. The second item of this article considers the first date of publication to be the time 
from which the fifty-year period should be calculated and after whlch the right of utilization shall expire in 
connection Vlith works published under an assumed name or \\-ithout mentioning the authors name tmless 
the author is known to the public under his assumed name or unless the author discloses his identity. In this 
case, the provisions contained in the first item hereof shall be applied to rum. This is also applicable to 
works where the entitled person is an artificial person. This is also the case in connection with cinema 
\vorks, photography works, applied arts, computer sofh:vare, databases and the works that are published 
for the first time after the death of their author. The third item considers that the end of the ca1endaryear for 
such works is the corrunencement date for calculating the fifty-year period for the expiry of protection in 
the case ofperforming artists and the end of the calendar year during v:hich the recording was made in the 
case of producers of cinematic works or works prepared for radio or TV The fourth item provides for a 
shorter protection period in connection with the programmes of broadcasting centers, ie twenty years to 
commence as of the end of the calendar year during which the work was first broadcast. 
In the second chapter of the second part, the la',v deals with some works that require special provisions 
such as ajoint v/ark that is compiled by several persons whereby the portion of any of them cannot be 
separated from the share of the others. Article (18) provides that all the authors are considered as having 
equal rights in such a work urJess it is othenvise agreed in "\vriting. It prevents them from exercising copy­
right in such a work except under their unanimous agreement, other than for taking precautionary and im­
mediate procedures and for making a claim for compensation for the damages incurred because of in­
fringement, and it provides that the court offirst ins~ance is competent to decide any dispute ber..veen them 
in this mat1er. 
However, ifit is possible to separate the share of each author, article (19) provides that each of them is 
.e~titled to utilize the part that he solely contributed, provided that this shall not affect the utilization of the 
joint v:ork unless it is othefVlise agreed in writing. 
Due to the fact that one element of a jointly compiled work may have special predominance or impor­
tance in relation to the other elements) article (20) entitles the author of the musical part only of the lyrical 
works, such as opera and operettas, to license the public perfonnance of the joint work in whole or the 
execution or publication thereof It also entitles the author of the literary part to utilize his own part pro­
vided 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 injoint works which are performed in the form of move­
ments accompanied by music, such as ballets, sho'rvs and sport games (if accompanied with music), to 
license the public performance, execution or shooting of the whole joint work and grants the composer of 
the musical part the freedom to dispose of ills part provided that it is not utilized in a work similar to the 
joint work unless it is agreed othem'ise in VvTIting. 
After article (22) specifies who is considered to be a partner in the creation of cinematic work or a work 
prepared for radio or TV Article (23) provides that the author of the scenario of this work and the person 
who amended the literary work and the director are together entitled to present it despite the objection of 
the music composer, \vithout prejudice to the rights resulting from partici paling in the composition. The 
second paragraph of the article entitles the author of the literary and musical parts to publish his work in 
any other manner unless it is otherwise agreed in writing. Article (24) deals Vlith the case when a partici­
pant in the compilation of one of these works does not complete his own part 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 ills ob­
jection, which may be ungrounded or unimportant, does not result in the suspension of the artistic work or 
in gross material losses which Me not compatible with the reusonsfor the objection. IP /N/l/K WT lel 1 
Page 14 
Because the production ofvisual works necessitates its producets presentation thereofwithout interfer­
ence from the authors who have interests in the same work, article (25) defines the producer of cinematic 
works or works prepared for radio orTV as the natural or artificial person who completes or assumes re­
sponsibility for such completion or the one who gives his authors thereof the material and financial means 
necessary for such completion, and then grants him all the publishing rights as their attorney as well as their 
successors' anomey with respect to the presentation and utilization thereofunless it is otherwise agreed in 
writing. 
Article (26) provides that a collective work is a work that is created by a group under the supervision of 
a natural or artificial person whereby the contribution of each participant cannot be separated nor distin­
guished, such a5 dictionaries, encyclopedias and thesauruses. In this case, only the person who supervises 
thE! innovation of the work and compiles it shall be entitled to exercise the rights of the 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 the case of a collective 
wor}; the contribution of each participant to the work is mixed with the contributions of the others and thus 
cannot be attributed to one of them only. Therefore) the law decides that it is to be attributed to the natural 
or artificial person who directed and organized the innovation of the work. As for a work compiled by a 
specific person, even when under the supervision and for the account of another person, the character of 
the author shall remain clear and evident in it and therefore the work shall be attributed to the innovator as 
a general rule unless it is other.vise agreed in v.rriting. 
Article (28) of the law contains a legal fact that the publisher of works made under an assumed name or 
works which do not bear the author's name is considered to be the laners attorney YVith respect to the 
exercise ofhis rights thereto. 
AnicIe (29) of the law contains some provisions relating to photography. It lays do\VTI a general rule that 
a photograph may not be displayed or published or reproduced without a Vtntten consent from the person 
who is photographed, unless the photograph is published on the oCca5ion ofa public event or is related to 
officials or\veU-kno\VI1 persons or if the authorities permit pubEcation in order to serve the public interest, 
unless such an act affects the honor or reputation of the person photographed. 
The third part of the second chapter of the law dem Vv1th compilation rights. Article (30) provides for the 
right of the author to transfer the right of utilization to third panies as referred to in articles (4), second 
paragraph, and (5) of the law. It stipulates that, in order that the transfer be valid, each right that is subject 
to transfer, and its extent, purpose and its place and period ofutilization must be stated in \.\fliting. Writing 
here is the basis of validity and not just a means of probation. The law, in the last paragraph of this article, 
obliges the author to refrain from any act that would impair the transferee's utilization of the transferred 
right. The fifth paragraph provides that the provisions relating to the authors assigrunent onus rights in 
accordance with the provisions of this la\v apply to performing artists. Article (31) also permits the author 
to dispose afhis rights relating to the work on the basis ofa sharing of revenues and treats the case when 
an agreement is unfair to the authors rights \vith a provision necessitated by considerations of justice and 
which is considered a deviation from the general rules of contracts, on the bas.ls that an author is usually 
ignorant of the relationship existing between him and the publisher or the presenter panicularly ifhe is a 
rising or nc'w author. 
As the literary rights stated in article (4), first paragraph, and article (6) oftbe law are personal rights of 
the author, the law explicitly stipulates in article (32) that any disposal thereofis invalid. It also states in art­
icle (33) that the author's disposal of his total future intellectual output is invalid. 
If a work is a single original work of art, the law is keen to provide explicitly in article (34) that the 
authors disposal thereof cannot transfer his rights to the transferee but he is not entitled to oblige the latter 
to enable him to reproduce an original copy thereof or present such a copy unless they agree othef"N'ise in 
\vriting. 
The Jaw does not omit to entitle the author alone in article (35) should serious reasons arises, to request 
the CoUrt ofFi..rst Instance to order the \vithdrawal of his work from circulation, despite the disposal ofms IP/NIlIKWT/C/1 
Page 15 
ri ght of utilization, in consideration for a compensation to the transferee for any resul ting material damages. 
The author must pay the compensation as ruled by the cow1 in advanccvrithin a specifi~d period before 
the actual withdrawal of the work. If the author does not pay the compensation within the specified period, 
the judgment ordering withdrawal shall be made invalid and the work may be put into circulation 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 the judge of summary matters in the court offirst instance to order the adoption of all 
or some of the protective procedures specified should his right to publish the work or show it be infringed 
\vithout a written perrn.ission from the entitled person. These protective procedures are of two types: 
The first type: 
This is intended to prevent damage resulting from the infringement of the author's rights, ie the prevention 
of future damages. This type includes the following procedures: Detailed description of the work, suspen­
sion of its publication, presentation or manufacture, recording ofa public perfonnance with respect to a 
compiled music or act or presentation, and preventing the continuation of the existing show or its prohibi­
tion in the future. 
The second type: 
This is intended for the assessment of the actual damages resulting from the infringement and adopting the 
procedures that would preserve the author's rights by eliminating of such damages. These types ofproce­
dures includes attachment of the original work or its copies as well as the materials used for reproduction 
thereofand assessment of the revenues resulting from publishing or showing it by an expert delegated for 
thjs purpose, with attachillent ofthese revenues in all cases. The orderingjudge may oblige the applicant to 
deposit an appropriate guarantee to ensure the seriousness of the application. 
This article also obHges the concerned party to file the original dispute \l/ith a competent court within eight 
days foUoViing the issuance of the order, otherwise the order shall be deemed null and void. 
Article (37) provides that an appeal may be filed against an order issued in the cases stipulated in article 
(36) before the judge who made the order \vho may rule for confinnation of the order or amendment or 
cancellation thereof and appoint a receiver for the disputed work. 
Article (J8) mentions some procedures by which the trial co~ upon referral of the original dispute and 
upon the request of the author or his deputy, may order the copies of the work unlawfully published and the 
materials used for publishing it be destroyed or that its features be changed or it be rendered unusable. 
However, it made an exception for this in the circumstances when the authors right expires less than two 
years after the date the judgment is issued. Instead of this, it permits the court to rule for confirmation of 
precautionary attachment for fuLfillment ofthe compensation filed in favor of the author. This exception 
ne~essarily includes the case of a work translated into Arabic in violation of the first paragraph of article 
(16) on the basis that this violation is not so serious that it necessitates ajudgment for destruction. The 
second paragraph of the article provides that the amount of compeIlsarion granted to the author shall have 
a lien over the sale price of the attached items and money for fulfillment thereof The only lien that shall have 
priority over it is that of the judicial expenses to preserve, maintain and collect such amounts. 
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 is the author's financial right. Concerning the literary right, it is well estab­
lished that it may not be subject to attadunent or disposal thereofbecause it is one of the rights attached to 
persomJity. The provision that attachment of the financial rights Inay not be impose~ although it is dispos­
able by nature, is considered a deviation from the general ruJes so that the author is not obliged to publish 
his work involuntarily through attachment in violation ofills literary right. If the author voluntarily decides to 
publish his work and had done SOl his literary right shall expire and only his financial right remain~ ie the 
copies that were published and are possessed by him. Therefore, this article expressly provides that these 
copies may be attached. However, the author's financial right related to works where he has died, before