LAWS
Kuwaiti
Constitution (1962)
IP
LAWS
Decree-Law
No. 68 of 1980 (Trademarks), as amended by Decree-Law No. 10 of 1987 and Law
No. 1 of 2001 (2001).
Law No. 4 of
1962 relating to Patents, Designs and Industrial Models as amended by Law No. 3
of 2001 (2001).
Law No. 64 of
1999 concerning Intellectual Property Rights including Explanatory Memorandum
(1999).
Related
LAWS
Law
No. 56 of 1996 promulgating the Industrial Law (1996).
Law No. 11 of
1995 regarding Judicial Arbitration with Respect to Civil and Commercial
Matters (1995)
Kuwaiti Trade
Law No. 68 of 1980 (1980).
Trademark Law
(Articles 61-95 of Trade Law, promulgated by Legislative Decree No. 68 of 1980)
(1980).
Decree-Law No.
5 of 1999 concerning Intellectual Property Rights (1999).
TREATIES
Berne
Convention for the Protection of Literary and Artistic Works (December 2, 2014).
Paris
Convention for the Protection of Industrial Property (December 2, 2014).
Convention
Establishing the World Intellectual Property Organization (July 14, 1998).
Ministry
of Commerce and Industry, Patent & Trade Marks Department
P.O.
Box 2944 – Safat, Kuwait 13030, Kuwait
Tel
+ 965 24 39 98 8
Fax
+ 965 24 00 54 3
In
Kuwait, once a trademark application is filed, the trademark is examined as to
its registrability. In case the Registrar rejects a trademark, the applicant
may file an appeal in court within 60-days as of the date of the official
notification. Trademark applications accepted by the Registrar will be
published in the Official web site of the Trademarks Office. There is a 60-day
period open for filing opposition by any interested party. The statement of
opposition to the registration of a trademark should be submitted to the
Registrar within the prescribed term of 60 days, as of the date of the
publication of the relevant notice in the Official web site of the Trademarks
Office.
Trademark Requirements:
-
A power of attorney legalized up to the Kuwaiti
Consulate (must be submitted at the time of filing)
-
A simple copy of the home registration
certificate or any foreign registration certificate (can be submitted Later) if
available*.
-
A certified copy of priority document legalized
up to a Kuwait consulate abroad in case of claiming priority.
Notes:
-
A Power of attorney legalized at the Kuwaiti
Consulates abroad must be super legalized at the Kuwaiti Ministry of Foreign
Affairs. The cost of this super legalization.
-
The trademark law does not provide for the
protection of trademarks covering alcoholic drinks in classes 32 and 33 and
pork meat in class 29. Class No. 33 has been completely dropped and the
international class 34 has been reinstated for tobacco products. A separate
application should be filed with respect to each class of goods and services.
Time Frame:
-
Time frame from filing a trademark application
up to registration, on average, in the normal course of action is from 12 to 14
months.
Convention
priority is applicable under Paris Convention as of 2 December 2014 consequent
to Kuwait acceding the Paris Convention for the Protection of Intellectual
Property on September 2, 2014. Priority claims is now available for trademarks
starting 1 January 2015 and any applicant can claim priority within the six
months priority period. A certified copy of the priority document will be
required for claiming priority.
Renewal of Trademark Registrations:
-
A Power of Attorney
notarized and legalized up to the Kuwaiti Consulate.
Recordal of Assignment Requirements:
-
A Power of Attorney executed by the assignee
legalized up to the Kuwaiti Consulate.
-
A deed of assignment proving the assignment
signed by both parties and legalized up to the Kuwaiti Consulate.
Recordal of Change of Name/Address:
-
A Power of Attorney executed in the new name
and/or address legalized up to the Kuwaiti Consulate.
-
An official certificate proving the change of
name and/or address legalized up to the Kuwaiti consulate.
Recordal of Merger:
-
A Power of Attorney duly legalized up to the
Kuwaiti Consulate.
-
A merger document legalized up to the Kuwaiti
Consulate.
Cancelation action:
-
If the trademark has not been used within 5
years from the registration, it may be subject to cancellation.
The provisions of Law No. 4 of 1962 and its amendment of 1999 allows for the registration of patents in Kuwait. The validity of a patent of invention is 20 years as of the date of filing the application.
Once
an application is filed for the grant of a patent registration, the Kuwait
Patent Office has recently started to examine and grant patents. But there is
no specific time frame for examining and granting patents. However, they are
accepting the patents annuity fees even if they are not examined or granted.
Annuities should be paid at the beginning of each year starting from the second
year of filing the PCT application filing date till the end of the protection
period.
FILING REQUIREMENTS:
- A Power of
attorney, legalized.
- Certificate of incorporation, legalized.
- Two copies of the specifications in English with Arabic
translation.
- Two sets of formal drawings and 2 sets of drawings without any
Latin numerals or words.
- Deed of assignment from the inventor(s), legalized.
- Copy of priority document instead of certificate of
incorporation, if priority is claimed, legalized.
All the above documents may be submitted within 3-months from filing date.
There is no provision for the following stages:
-
Opposition.
-
Search.
-
Examination.
-
Annuities.
Validity:
- The term of protection is 20 years from filing date.
In
Kuwait, once an application is filed for the grant of an industrial model
registration, the Kuwaiti Patent Registrar takes no further action. The Kuwaiti
Patent Office has started the process of examining, publishing and granting of
designs. All designs filed with the Kuwaiti Patent Office are practically in
the application stage, although the relevant designs are currently protected
for 10 years as of the date of filing.
FILING REQUIREMENTS:
-
Power of Attorney, legalized.
-
2 representations of the design.
-
Description of the design.
-
Certificate of incorporation, legalized.
-
Deed of assignment from the designer(s),
legalized.
-
Copy of priority document, if priority is
claimed, legalized.
All
the above documents may be submitted within 3-months from the filing date.
RENEWAL:
-
For one term of 5 years.
Validity:
-
10 years from filing date.
Examination:
-
As to form, novelty, and industrial
applicability.
Copyright
registration is administered by the Kuwait National Library which has
prescribed.
Being
a member of Arab Convention for the Protection of Copyright, a copyright need
not be granted or obtained in Kuwait through official registration. Once an
idea has been reduced to tangible form in any member state of the Convention,
the copyright holder, regardless of the nationality, is entitled to enforce his
or her exclusive rights, provided that reciprocity was applied between his or
her country and the member state.
Registration is possible for nationals only