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Custom Recordal of IPRs in Kuwait

Kuwait

Custom Recordal of IPRs
Yes; but the same is a generic umbrella law applicable to all GCC Countries alike. It does not have its own Custom Enforcement Law.
No
No
The Art 38 of the GCC Trade Mark Law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Kuwait.
Custom Recordal of IPRs is effective on both the import and export of goods.
The customs authorities may, at their own initiative or upon the application of the right holder, order the suspension of the release of the goods imported, exported, or in transit as soon as they enter the customs territory if it has acquired prima facie evidence that they are counterfeit or bear a trademark confusingly similar or identical to a registered mark in a manner that is misleading to the public.
A rights holder may lodge an application in writing with the customs authorities of each GCC Member State for the suspension of the withholding of infringing goods. The customs authorities may, at their own initiative or upon the application of the right holder, order the suspension of the release of the goods imported, exported, or in transit as soon as they enter the customs territory if it has acquired prima facie evidence that they are counterfeit or bear a trademark confusingly similar or identical to a registered mark in a manner that is misleading to the public.
As per Art 38, the application should be accompanied by evidence that is enough to convince the customs release authority that there is infringement, as apparent, on the right of the applicant for the mark, and the application should include sufficient information that could be reasonably available to the applicant to enable the said authority to identify such goods.
No
07 days
The procedure applies to all GCC countries, and therefore, for each country, a separate application is to made, which is then centrally regulated.
No
There is no official fee.
01 year from the date of submission, or for the remaining period of trademark protection, whichever is earlier, unless the applicant requests shorter period.
Yes
As soon as the goods enter the customs territory and if the Customs authority has acquired prima facie evidence that they are counterfeit or bear a trademark confusingly similar or identical to a registered mark in a manner that is misleading to the public.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods; however, the destruction cost is paid by infringer.
Yes
Yes
Yes
To confirm, the applicant has to do so in manner of institution of suit within 10 working days.
Yes
10 days
No
The customs authority may assign the applicant to provide appropriate bail or its equivalent guarantee that is enough to protect the defendant and the competent authorities, and to prevent abuse of the right to request to stop the customs release.
The same is informed to the rights holder and he or she is then asked to institute a suit.
Yes. Upon failing to do so within 10 days of intimation of goods by the Customs, the goods may be released from suspension.
They are as follows:
1) There is no proper recordal system within Kuwait, which is specific to only Kuwaiti jurisdiction.
2) The provisions of Article 38 do not apply to small quantities of goods of a non-commercial nature contained in travellers' personal luggage or dispatched in small consignments; or to goods put on the market in the exporting country by or with the consent of the rights holder. The same means that parallel imports cannot be seized by customs authorities.
Yes
Courts may order the destruction of any infringing goods at the expense of the importer, unless destruction poses serious damage to environment or public health, in which case, the goods shall be disposed outside the channels of trade.
No