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Enforcement of IPRs in Kuwait


Enforcement of IPRs
Small parcels and non-commercial utilization of counterfeit goods are often not seized by customs, which could be a reason of counterfeit trade.
Clothes, fabric, bags, shoes are the goods that most often face counterfeiting and piracy in Kuwait.
They are as follows:
  • The Law No. 75 of 2019 on Copyright and Related Rights (2019)
  • The Law No. 13 of 2015 on the Approval of the Trademarks Law of the Cooperation Council for the Arab States of the Gulf (2015)
  • The Law No. 71 of 2013 on Approval of the Patents Regulations of the Cooperation Council for the Arab States of the Gulf (2013)
  • The Commercial Law No. 68 of 1980 (Articles 61-95, as amended by Decree-Law No. 10 of 1987 and Law No. 1 of 2001) (2001)
  • The Law No. 4 of 1962 on Patents, Designs and Industrial Models (as amended by Law No. 3 of 2001) (2001)
Trademarks, patents, designs, and copyright are the different types of IPRs protected by IPR enforcement measures in Kuwait.
Registration of IP rights, especially trademarks.
It is important to study the market and device a strategy to proceed accordingly in consonance with a local advisor/advocate.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
A) Responsible Authority – Courts and Police
B) Imprisonment Term – Copyright: 06 months to 02 years; Trademarks: 01 month to 03 years; Patents: 01 year
C) Monetary Fine - Copyright: $1,650 and $165,200; Trademarks: USD 1,333 and USD 267,000; Patents: 5000/- KD
Other criminal remedies in Kuwait include the temporary closure of establishments for a maximum period of 03 months and the permanent withdrawal of their trade license in case of repeated offense.
They may be resorted to ADR techniques; however, they aren’t frequently deployed.
Destruction of infringing goods is the remedy available under border control measures (customs) in Kuwait.
The infringer pays the cost of destruction.
Civil and criminal court proceedings are the best practices for enforcement of IPRs in Kuwait.
Yes; it requires assistance of local advocates, and also, registration is a must.