Kuwait - Protecting Intellectual PropertyKuwait - Protecting Property
Kuwait is a member of the World Intellectual Property Organization (WIPO) and of the World Trade Organization (WTO); thus, it is a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Intellectual property rights (IPR) in Kuwait are protected nominally by trademark, patents and copyright laws adopted in 1999 and 2016, respectively.
Largely due to Kuwait’s failure to introduce copyright legislation consistent with international standards, and its cessation of most copyright and trademark enforcement actions in recent years, an out-of-cycle USTR review in November 2014 resulted in moving Kuwait from the Special 301 Watch List to the Priority Watch List. Kuwait remained on the Priority Watch List in 2015, 2016, 2017, and 2018 with an Out-of-Cycle Review focused on addressing gaps in Kuwait’s copyright regime.
Despite this designation on the Special 301 Report, there have been notable improvements in the IPR regime during the past two years, as Kuwait took actions against online offerings of pirated materials, conducted raids and criminal trials on a range of pirated and counterfeit physical goods, and stepped up efforts to interdict counterfeit exports. Kuwait also worked with right holders to enhance enforcement efforts. Particularly, the United States commends the close collaboration between Kuwaiti customs officials and the U.S. Customs and Border Protection (CBP) in-country advisory program, and the signing of a bilateral Customs Mutual Assistance Agreement in September 2017 committing to collaboration, information sharing, and coordination in enforcement activities.
In June 2017, Kuwait promulgated implementing regulations following the passage of a new Copyright and Related Rights Law in May 2016. Although this law represented a significant improvement over previous legislation, it did not resolve outstanding questions related to Kuwait’s international commitments. An Out-of-Cycle Review was conducted to allow Kuwait an opportunity to clarify the ambiguities and deficiencies in the statute. However, the implementing regulations issued shortly thereafter fell short of addressing the existing concerns. Kuwait is now in the process of drafting amendments to the Law that should enhance protections.
Ongoing Challenges and Concerns
There are still steps that need to be taken for Kuwait’s copyright regime to meet Kuwait’s international commitments, including with respect to the term of protection; limitations on the amount of work reproduced; enforcement, remedies, and damages; and definitions. The United States acknowledges Kuwait’s willingness to work with U.S. Government agencies to draft amendments to the Law to bring its regime in line with its international commitments. While the United States commends Kuwait’s recent boost in enforcement efforts, the United States continues to encourage the government to devote additional resources and take actions that would have the effect of curbing the manufacture and sale of counterfeit and pirated goods, including by targeting manufacturers and increasing fines and penalties to deterrent levels. Also, while the United States applauds the referral of IP cases to Kuwaiti courts for prosecution in 2017, the United States strongly urges Kuwait to prioritize the successful prosecution of such cases.
New IP laws and regulations enacted during 2015 – 2018 are:
IP Contact:
Mr. Peter Mehravari, Intellectual Property Attache’ for the Middle East & North Africa
US Embassy, Kuwait
Telephone: +965 2259- 1455
E-mail: Peter.mehravari@trade.gov
Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
Largely due to Kuwait’s failure to introduce copyright legislation consistent with international standards, and its cessation of most copyright and trademark enforcement actions in recent years, an out-of-cycle USTR review in November 2014 resulted in moving Kuwait from the Special 301 Watch List to the Priority Watch List. Kuwait remained on the Priority Watch List in 2015, 2016, 2017, and 2018 with an Out-of-Cycle Review focused on addressing gaps in Kuwait’s copyright regime.
Despite this designation on the Special 301 Report, there have been notable improvements in the IPR regime during the past two years, as Kuwait took actions against online offerings of pirated materials, conducted raids and criminal trials on a range of pirated and counterfeit physical goods, and stepped up efforts to interdict counterfeit exports. Kuwait also worked with right holders to enhance enforcement efforts. Particularly, the United States commends the close collaboration between Kuwaiti customs officials and the U.S. Customs and Border Protection (CBP) in-country advisory program, and the signing of a bilateral Customs Mutual Assistance Agreement in September 2017 committing to collaboration, information sharing, and coordination in enforcement activities.
In June 2017, Kuwait promulgated implementing regulations following the passage of a new Copyright and Related Rights Law in May 2016. Although this law represented a significant improvement over previous legislation, it did not resolve outstanding questions related to Kuwait’s international commitments. An Out-of-Cycle Review was conducted to allow Kuwait an opportunity to clarify the ambiguities and deficiencies in the statute. However, the implementing regulations issued shortly thereafter fell short of addressing the existing concerns. Kuwait is now in the process of drafting amendments to the Law that should enhance protections.
Ongoing Challenges and Concerns
There are still steps that need to be taken for Kuwait’s copyright regime to meet Kuwait’s international commitments, including with respect to the term of protection; limitations on the amount of work reproduced; enforcement, remedies, and damages; and definitions. The United States acknowledges Kuwait’s willingness to work with U.S. Government agencies to draft amendments to the Law to bring its regime in line with its international commitments. While the United States commends Kuwait’s recent boost in enforcement efforts, the United States continues to encourage the government to devote additional resources and take actions that would have the effect of curbing the manufacture and sale of counterfeit and pirated goods, including by targeting manufacturers and increasing fines and penalties to deterrent levels. Also, while the United States applauds the referral of IP cases to Kuwaiti courts for prosecution in 2017, the United States strongly urges Kuwait to prioritize the successful prosecution of such cases.
New IP laws and regulations enacted during 2015 – 2018 are:
- Gulf Cooperation Council Trademark Law in 2015.
- Copyright and Related Rights Law of 2016.
- Ministerial Resolution No. (23) for year 2017 (Implementing regulations related to the Copyright and Related Rights Law of 2016).
IP Contact:
Mr. Peter Mehravari, Intellectual Property Attache’ for the Middle East & North Africa
US Embassy, Kuwait
Telephone: +965 2259- 1455
E-mail: Peter.mehravari@trade.gov
Prepared by our U.S. Embassies abroad. With its network of 108 offices across the United States and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the U.S. Commercial Service trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.