INTELLECTUAL PROPERTY RIGHTS IN KUWAIT

In Kuwait, the principal source of trademark law is the Law No. 13 of 2015 approving the Gulf Cooperation Council (GCC) Trade Mark Law (Trade Mark Law). The implementing regulations of the Trade Mark Law came into force on 28th December 2017, through the Ministerial Decision No. 500 of 2015, issued on 20th December 2015, and published on 27th December 2015 in the Official Gazette No. 1268.
For getting a trademark registered in Kuwait, an application has to be filed with the Trademarks Office, which administers the entire trademark registration process.
It follows a 'first-to-file' system.
Kuwait follows the 10th edition of Nice Classification. Multiple-class applications are not possible in Kuwait. A separate application must be filed for each class.
Under the provisions of the Trade Mark Law, any party having an interest can oppose the registration of a trademark published in the Trade Mark Journal within sixty (60) days from the date of its publication.
Trademarks in Kuwait are valid for ten (10) years from the filing date and can be renewed indefinitely for successive periods of ten (10) years each. Renewal of a trademark must be requested within the last year of the ongoing validity term of ten (10) years.
Late payment is possible within a grace period of six (06) months after the expiration of the validity term, along with a penalty.
Trademark registration in Kuwait may be subject to cancellation if the trademark has not been used for five (05) years from the filing date.

Law No. 4 for the year 1962 dated 9/4/1962 governing Patents, Designs, and Industrial Models, Published on April 15, 1962 (Gazette No. 373) - deals with the mechanism of patent protection in Kuwait.
For seeking patent protection in Kuwait, an application has to be filed with the Kuwait Patent Office, which administers the entire process of patent grant.
In Kuwait, an invention that satisfies the conditions of originality, novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Kuwait, an opposition against a patent application can’t be raised at the pre-grant stage.
Patents in Kuwait last for fifteen (15) years starting from the date of the application, and the patent owner has the right to apply for is renewal once only for a period not exceeding five (05) years, provided that he applies for renewal during the last year and proves that the invention is of special importance and that he has not reaped from it any benefits compatible with his efforts and expenses.

Law No. 4 for the year 1962 dated 9. 4. 1962 governing Patents, Designs, and Industrial Models, published on April 15, 1962 (Gazette No. 373) - governs and deals with the mechanism of registration of industrial designs in Kuwait.
The application for the registration of the design or model needs to be submitted to the Trade Marks Control Office according to the terms and conditions provided for in the Regulations issue under this Law.
The types of industrial design applications that can be filed in Kuwait include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
The legal period of protection concerning the registration of a design or model is five (05) years, starting from the date of the application for registration. Protection may continue for two (02) new successive periods if the owner of the design or model submits, in the manner indicated in the Regulations issued under this Law, an application for renewal during the last year of each period.
The Trade Marks Control Office shall, during the month following the expiration of the period of protection, notify the owner in writing of such expiration. Where the three (03) months following the date of expiration of the protection period pass without submission by the owner of an application for renewal, the Trade Marks Control Office shall strike off the registration.
There is no grace period to renew a registered industrial design.

Kuwait is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
Kuwait has issued a new copyright law, Law no. 22 of 2016 (on Copyright and Related Rights).
In Kuwait, copyright comes into existence as soon as the work is created. No formality is required to be done for obtaining copyright protection. The administration of registration is assigned under the new law to the National Library. The applicant has to file an application with National Library together with a copy of the work. The Library has prescribed the procedure for different types of works and the official fee. The Library, normally within two (02) to three (03) months, issues depository number to the applicants, once formal filing is made.
The standard copyright protection term lasts for the lifetime of the author plus fifty (50) years following his death. However, the duration of copyright protection varies depending on the type of work.
Copyright in a literary, dramatic, musical, or artistic work published within the lifetime of the author subsists until fifty (50) years from the beginning of the calendar year next following the year in which the author dies.
Copyright in a cinematographic film, a sound recording, a photograph, a computer program, or a work of the government, a local authority, or an international organization subsists until fifty (50) years from the beginning of the calendar year next following the publication of the work.