RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/232/Add.5
5 November 2001
(01-5413)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Replies from Kuwait to questions posed by the European Communities
and their member States, Switzerland and the United States
Addendum
By means of a communication from the Permanent Mission of Kuwait dated 31 October
2001, the Secretariat has received copies of the following responses to questions posed by the
European Communities and their member States, Switzerland and the United States, which werecirculated in documents IP/C/W/219, 207 and 215/Add.1, respectively.
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EUROPEAN COMMUNITIES AND THEIR MEMBER STATES
1
A. GENERAL
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
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.
F. P
ATENTS
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. 3/2001, pertaining to patents, states that no patent shall be granted which
is based on an invention that conflicts with the moral or public system.
                                                     
1 These responses supplement Kuwait's responses to initial and follow-up questions posed by the
European Communities and their member States circ ulated in document IP/C/W/232 and Add.1, 2 and 4.IP/C/W/232/Add.5
Page 2
I. E NFORCEMENT
52. Please explain if and how judges have the authority to order that 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 authorityto execute the law.
57. Please quote what provisions of your legislation 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 impl ements 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.
SWITZERLAND
2
A. P ATENTS
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, in
case 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.
                                                     
2 This response supplements Kuwait's responses to questions posed by Switzerland circulated in
document IP/C/W/232 and Add.1.IP/C/W/232/Add.5
Page 3
UNITED STATES3
A. G ENERAL
1. With respect to each form of intellectual pr operty covered by Part II of the TRIPS Agreement,
including plant variety protection, please explain th e manner in which the laws of Kuwait ensure that
nationals of other WTO Members receive national treatment and most-favoured-nation treatment as
required by Articles 3 and 4 of the TRIPS Agreement.  Please cite to the relevant provisions of law.
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.
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3 These responses supplement Kuwait's responses to questions posed by the United States circulated in
document IP/C/W/232 and Add.3 and 4.