RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/232/Add.4
9 October 2001
(01-4898)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
REVIEW OF LEGISLATION
Replies from Kuwait to questions posed by Canada,
the European Communities and their member States and the United States
Addendum
By means of a communication from the Permanent Mission of Kuwait dated
18 September 2001, the Secretariat has received copies of the following responses to questions posed
by Canada, the European Communities and their member States and the United States, which werecirculated in documents IP/C/W/225, 219 and 215/Add.1, respectively .
_______________
CANADA
1
2. What protection does your copyright legislation afford to "foreign works"?
First: the subject matter of  protection scope in the first chapter of this law, Articles 1-3.
Article 1
The authors of newly created works of arts, letters and science shall be under the protection
hereof irrespective of the value, type, objective or expressive style of these works.  An author
means the person who creates the works, or to  whom the work is attributed upon publication
thereof whether by mentioning his name on the work in any other manner unless there is
evidence to the contrary.
Article 2
The protection shall cover following works in particular:
A. Written works.
B. Works delivered orally, such as lectures, speeches, religious sermons and the like.C. Theatrical works and musical plays.D. Musical works with or without songs.
                                                     
1 These responses supplement Kuwait's responses to questions posed by Canada circulated in document
IP/C/W/232/Add.1.IP/C/W/232/Add.4
Page 2
E. Works performed by means of movement or steps and mainly prepared for direction.
F. Movie works, and audio , video and radio works.
G. Painting and works depicted by means of lines, colours, and diagrams as well as
works of architecture, sculpture, arts carving and decorations.
H. Photographic works.I. Works of applied art including craft or industrial designs.J. Illustrations, geographic maps, designs, plans and models relating to geography,
topography, architecture and science.
K. Computer works including software, databases and the like.L. Derived and translated works.
The protection also covers the title of the work if this is created and it is not a common
expression that indicates the subject matter of the work.
Article 3
"The protection shall also cover those who, unde r permission from the author, have translated
the work into another language and those who have summarised, amended or explained such
work or carried out any other act that gives such works a new shape.
The protection prescribed in the previous paragraph does not prejudice the protection of the
original author of the work.
However, the rights of an author of a photogr aphic work shall not result entail to prevent
other from taking new photographs of the photographed object even if these new  photographs
are taken in the  same way and in the  same general circumstances as the first photographs."
In this chapter, the law maker indicated that , that law applies to the inventive works of
literature, arts and science whatever the value or its kind or the purpose for which it was composed or
the way to express the same.
The person who creates the works or attributed to him when publishing the same by
mentioning his own name on the works or by any other means is considered an author except if it isproved unlike.
Article 2 mentioned the works included with protection and determined the same from (A-L):
A. Written works.B. Works delivered orally, such as lectures, speeches, religious sermons and the like.C. Theatrical works and musical plays.
D. Musical works with or without songs.
E. Works performed by means of movement or steps and mainly prepared for direction.F. Movie works, and audio, video and radio- works.IP/C/W/232/Add.4
Page 3
G. Painting and works depicted by means of lines, colours, and diagrams as well as
works of architecture, sculpture, arts carving and decorations.
H. Photographic works .
I. Works of applied art, including craft or industrial designs.J. Illustrations, geographic maps, designs, plans and models relating to geography,
topography, architecture and science.
K. Computer works including software, databases and the like.L. Derived and translated works.
In the fourth chapter of this law concerning the closing provisions in Article 43 which
mentioned that:
Article 43
Without prejudice to the provisions of the inte rnational agreements effective in the state of
Kuwait the provisions of this law shall be operative upon the following:
A. The work of authors, nationals of State of Kuwait, which are published at home or
abroad.
B. Works of Arab authors of member State in the Arab Agreement of protection of
Author's rights, which are published in one of these states.
C. Works of foreign authors which are published for the first time in the State of Kuwait.D. Works of authors, nationals of member St ates in the agreement of world organisation
of intellectual rights, which shall be published for the first time, in one of these
countries.
Without prejudice to the provisions of international agreements applicable in State of Kuwait,
the provisions of this law shall applies to the following:
A. The works of these Kuwaiti authors that are published inside the country or abroad.B. The works of Arab authors from the citizens of the countries members in the Arabic
agreement concerning the protection of the author's right that are published in these
countries.
C. The foreign author's works published in the State of Kuwait for the first time.
D. The author's works of the countries that are members in the agreement of international
organization of the Intellectual Rights published in one of these countries for the  first
time.
3. Please describe the way that the enforcement of intellectual property rights has been
implemented (Articles 41-61 of the TRIPS Agreement).IP/C/W/232/Add.4
Page 4
First, we find that Articles 43-47 and 50-61 concern Industrial Property and are beyond the
scope of the application of Intellectual Property Rights law No. 64 of 1999.
Second, we find in Articles 36-42, 48 and 49 that the Kuwaiti Law No. 64 of 1999 has
organized that Intellectual Property Rights implementation as it has put legal controls fororganizing the civil administrative procedures and penalties that stipulates the compensation
principle for protecting the right owner from the infringement upon him as a result of his
right.
In its third chapter, the Kuwaiti Law has guaranteed the organization of the subject matter of
procedures and penalties in Articles 36-42.
Article 36
A judge of summary actions in a court of first instance may order, pursuant to a request from
the author or his successor and under an order issued subject to a petition, the following procedures in
respect of each work published or shown without written permission from the author or his successor,in violation of the provisions of Article 5 hereof:
First:  Detailed description of the work.
Second:  Suspension of the publication, presentation or manufacturing of the work.Third:  Imposition of attachment against the original work or its copies or the material used
for republishing this work.
Fourth:  A recording of the public performance in connection with a copyright melody, acting
or presentation of a work to the public and prevention of the continuance of the existing show
or prohibition thereof in the future.
Fifth:  Calculation of the revenues resulting from publication or performance by an expert
delegated for this task if necessary and the imposition of attachment against such revenues in
all cases.
The judge of summary actions may order that an expert be delegated to assist the execution
office and order the plaintiff to lodge an appropriate bail.
The applicant shall file a case in a competent court within the eight days that follow the
delivery of the order.  If the case is not filed within this period, all matters connected theretoshall be deemed null and void.
Article 37
The party whose application was rejected and the one against whom the order was delivered
may object to such an order before the judge concerned and this does not preclude the filing of the
original case before the court.  Objection shall be made using the ordinary procedures for filing a case.
Such an objection must be justified otherwise it will be null and void.
In respect of the complaint, a judgement shall be made to confirm, amend or cancel the order.
A judgement may be made for the appointment of a receiver for the disputed work, who shall be
responsible for republishing, showing, manufacturing or reproducing the work provided that the
revenues arising should be lodged in the court treasury and the receivership shall be terminated upon
unanimous agreement of the concerned parties or by the court's judgement.  The complaint against
that order shall not result in the stay of its execution.IP/C/W/232/Add.4
Page 5
Article 38
The court before which the matter in dispute is filed may upon the request of the author of his
deputy order the destruction of the copies of the work which was unlawfully published and the
materials used for publishing it, provided that such  materials may not be used for another work or it is
not possible to change the features of the copies and the materials or make them unusable, at the
responsible party's expense.  However, the court may, if the author's right shall expire after less than
two years as of the date of the judgement is to be issued, and subject to non-prejudice to the author's
rights as stipulated in Articles 4 and 5, item C, and 6, first paragraph, replace the judgement for
destruction or changing the features to a judgement for confirmation of precautionary attachment for
satisfying the compensation ordered in favour of the author, however, no judgement may be issued for
destruction changing the features, if the filed disput e relates to a translation of some work into Arabic
in a way that violates the provision of Article 16, first paragraph.  The judgement shall be limited to
confirmation of precautionary attachment of the translated work in satisfaction of the compensation
adjudged by this court in favour of the author.
In all cases in connection with the debt due to him arising from his entitlement to
compensation, the author shall have a lien on the net sale price of the items and the money attached
for fulfilment thereof.  The only lien that shall have  priority over the said lien is the court costs and
nay expenses incurred in preserving and maintaining such items and in collecting such funds.
Article 39
The author's right may not be subject to attachment but copies of the published work may be
subject to attachment.  This provision covers wo rks whose owner died before publication thereof
unless it is conclusively proved that he intended to publish it before this death.
Article 40
Buildings may not be subject to attachment  and no judgement may be made for the
destruction or confiscation thereof with the intention of preserving the rights of an architectural author
whose design and drawings may have been unlawfully utilised.
Article 41
When an infringement occurs against one of an author's rights as stated herein the author shall
be entitled to compensation.
Second Chapter – Penalties
Article 42
Any person who:
A. Infringes the author's rights as provided for in articles 4, 5, 6, first paragraph, and 12
hereof,
B. Sells or offers for sale or circulates or broadcasts to the public in any manner or
brings in or takes out of the country any imitated work,
C. Discloses or facilitates the disclosure of computer software  before publication of the
same, or
D. Removes or participates in the removal of a property rights that regulates or limits
public access to work or the performance or the transmission or the recorded material,IP/C/W/232/Add.4
Page 6
shall be liable to imprisonment for a maximum of one year and a maximum penalty
of five hundred Kuwaiti dinars or either of these two penalties.  The court may order
the confiscation of all tools used for unlawful publishing if such tools are suitable
only for such publishing as well as the confiscation of all copies.
The court may also order its judgement to be published in one or more newspapers at the
expense of the convicted.  If the accused has a previous conviction for committing one of the crimes
stated herein and it is established that the accused committed one of these crimes within five years
prior to the date of the latest judgement, the court may penalise him under his crime with a penalty
exceeding the duly stipulated maximum limit provid ed that such increase in the penalty does not
exceed half the said limit and the court may also order closure of the establishment used to commit
the crime for a maximum of six months.
In fourth chapter concerning the closing provisions (44-49), it organized all that related to
implement this law and the public prosecution shall be concerned with the investigation, disposing
with and allegation of all crimes resulted from the application of this law.
Article 44
The provisions of this law shall be effective as  to works referred to in the previous article
existing in the operative date.  Provided that concerning  the calculation of the period of protection of
these works, the lapsed period should be included, from the date of the incident specifying the start ofperiod effectiveness till the date of operating this law.
The provisions of this law shall be effective as  to all incidents and the following contracts of
its effective date, once the same is related to works published or shown or represented before that
concerning contracts made before the effectiveness of this law, its provisions are not effective, rather,the same remain subject to legal provision which were effective at the time of its completion.
Article 45
The Minister of Information deputises the necessary employees for the enforcement of the
provisions of this law.  These employees are entitled to enter the press, libraries publishing leases and
public places which deal with the works subject to the provisions of this law to seizure the fact andmaterials subject matter of violation and making the necessary minutes, they have the right to seek the
assistance of policemen in performing their tasks when necessary.
Covering violations which the ruling may close the facility, the information Minister may or
whom he deputises, to order the closure of the facility wherein the violation was committed, till publicprosecution or the court gives permission to open it or the action be settled.
Article 46
The public prosecution shall be held responsible for investigating, acting, and prosecuting in
all crimes resulting from the implementation of the provisions of this law.
Article 47
Every text contradictory to the provisions of this law shall be nullified.Article 48
The Minister of Information shall issue the necessary decisions for the implementation of this
law also, the Minister of Information shall issue a decision organizing the system of lodging the workIP/C/W/232/Add.4
Page 7
and its procedures and due fees, along with establishing the special registration for the entry of acts
stated to the works subject to the provisions of this law.
Article 49
The Ministers - each of his concern should implement this law.
EUROPEAN COMMUNITIES AND THEIR MEMBER STATES2
A. G ENERAL
1. Please describe if your legislation includes measures necessary to protect public health and
nutrition, and to promote the public interest in se ctors of vital importance to your socio-economic and
technological development as mentioned under Arti cle 8 of the TRIPS Agreement.  If yes, please
explain how such measures are consistent with the provisions of the TRIPS Agreement.
Details, related to the above question, are expected within a period of three weeks.
C. T RADEMARKS
9. Please give the definition of a sign under your national legislation and explain under what
conditions it is protectable.
A Trademark is anything which takes a distinctive form such as words, signatures, letters,
figures, devices, brands, headings, seals, drawings, engravings, pictorial elements, colour
combinations, any sign that is perceptible by sight,  audio signs and signs related to the sense of smell
or any other mark or combination of marks, when used or intended to be used to distinguish goods or
products, to indicate that they belong to owner of mark, by reason of manufacture, selection, trading
in or offering for sale such goods or products.
10. Please confirm whether or not services are a protectable subject matter in your trademark
law.  Please confirm if signs, such as trade names, are protectable.  Please describe if elements such
as sound, perfumes and containers are protectable.
The above-mentioned signs are protectable especially under January 2001 amendment of
Kuwaiti law.  Perfume containers could be protected as industrial designs.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a registration
in that respect.
Requirement of use:  mark is exposed to judicial cancellation if not used effectively for a
period of 5 consecutive years, unless the owner produced evidence to justfy non-use thereof.
Maintenance:  renewal is required after each 10 years.  Renewal is applicable if made within
the year of mark protection, or 6 months after the elapse of protection period
                                                     
2 These responses supplement and revise Kuwait's responses to questions posed by the European
Communities and their member States circulated in document IP/C/W/232 and Add.1.IP/C/W/232/Add.4
Page 8
D. G EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a trademark
application if it contains a geographical indication.
The Trademark authority refuses a trademark application if it contains a geographical
indication.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in your
jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of names
considered as generic in your jurisdiction.
Since detailed definitions for geographical indications are not available in Kuwait's law, so an
assignment (is taking place) for a Special Committee to study additional considerations for
geographical indications and other issues.
19. Please explain whether or not your legislation extends to the protection of designs dictated
essentially by technical or functional considerations.  Please explain how textile designs areprotected.
Article 35 of Law No. 4 of 1962 states:
"For the purpose of the application of this law, any arrangement of lines or any type of figure,
whether coloured or uncoloured, designed for use in industrial production by a mechanical,
manual or chemical process shall be considered as a design or industrial model."
Technical or functional considerations may take the design to be dealt with as patent or utility
design.
20. Please explain how your legislation protects right holders of a design against importing of
articles bearing embodied or copied design.
Article 46 of the patent law has considered the importation of such as a violation.
21. Please state whether or not your legislati on provides for the right to issue a compulsory
licence for industrial designs.
Not mentioned specifically, but it could be consideried to have similar practice of patent
compulsory licensing if the design has a matching interest criteria.
22. Please indicate for what period of time y our legislation grants protection for industrial
designs.
Period of protection is 10 years starting from the date of application.  The protection may
continue for an additional period of 5 years.
F. P
ATENTS
24. Please explain whether or not in your legisl ation, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions are provided for, please describe in detail how these
exclusions are applied in legal as well as practical terms.
Article 2-1 of Law No. 3 of 2001:IP/C/W/232/Add.4
Page 9
"Patents shall not be granted in respect of in ventions whose utilizati on results in a breach of
public order or morality."
In addition, inventions related to defence or of security nature are subjected to a mutual
approval with the Ministry of Defence.
25. Please explain whether your legislation provides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.
As mentioned in Article 2-1 of Law No. 3 of 2001:
"Patents shall not be granted in respect of in ventions whose utilizati on results in a breach of
public order or morality."
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your legislation andexplain its formulation.
The mentioned methods are excluded from patentability under Article 2-5 of Kuwaiti Law
No. 3 of 2001.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
The mentioned subjects are excluded from patentability according to Article 2-4 of Law No. 3
of 2001.
28. Please describe how micro-organisms, non-essentially biological processes, microbiological
processes and plant varieties are protected in your legislation.  Please explain, in this respect, the
relevant sections of your legislation.
Microbiological processes  and their products are protected under Article 2-4 of Law No. 3 of
2001.  But such issues, and others, are being included in a special committee adopting the
development of legislative additions.
29. Please explain how your legislation protects patent right holders against the importing and
against the offering for sale of a patented invention.
The right holder protection is explained in the law by imposing imprisonment and fine
payment.
30. Please state if your legislation provides fo r patent product protection of pharmaceutical and
agricultural chemical products.  In the affirmative, please indicate the legal reference.
The January 2001 patent law amendment has omitted the exclusion of pharmaceutical and
agricultural chemical products from protection.
32. Please explain the additional conditions, if any, in your legislation other than the sufficient
disclosure of the invention in Article 29 of the TR IPS Agreement (e.g. submission of justification for
access to genetic material or prior inform consent to its use).  If such additional conditions exist,
please point out the relevant legislations and describe the additional conditions in detail.IP/C/W/232/Add.4
Page 10
Inventions related to defence or of security nature are subjected to a mutual approval with the
Ministry of Defence.
37. Please explain how your legislation provides for the enhanced patent protection of patents or
patent applications pending on 1 January 1995.
Not specifically mentioned in the law, but the patent applications pending on 1 January 1995
shall be included under the enhanced patent protection.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
Not mentioned in the law, but such issue will be included with other issues in a special
committee for legislation development.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
The legislation protects topographies as a design.
40. Please explain what protection your national legislation grants to right holders against the
unlawful importation, sale or distribution for commercial purposes of topographies including
integrated circuits or other articles in which a topography is incorporated in accordance with
Article 36 of the TRIPS Agreement.
Imprisonment of not more than one year and a fine of not more than 5000 Kuwaiti dinars
(approx. USD 16 000).  Damages to the right holders are judicially estimated.
41. Please explain how your legislation provides for the derogation from Article 36 as specified
in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable grounds to
know when acquiring an integrated circuit or an article incorporating such an integrated circuit thatit contains an unlawful topography.
The law states for topographies as a relevant subject of patent, so the law does not punish in
the case of good will which took place before similar application was filed.
42. Please state the term of protection granted by your legislation to topographies.
Ten years of protection extendable to 5 years.
UNITED STATES
3
C. T RADEMARKS
12. Please describe in detail any limitations or special requirements that apply to trademark
rights under Kuwait's laws and indicate how those limitations take account of the legitimate interests
of the owner of the trademark and of third parties.
Main limitations were in the circle of moral and public order violation.
                                                     
3 These responses supplement Kuwait's responses to questions posed by the United States circulated in
document IP/C/W/232 and Add.3.IP/C/W/232/Add.4
Page 11
13. Please indicate the length of the initial term  of protection for a registered trademark under
Kuwait's trademark law and describe the conditions for renewing the registration and the period of
the renewal.  Please cite to the relevant provisions of Kuwait's law.
An application of renewal must be submitted to the elapse of ten years during the last year of
protection (Article 77 of Law No. 68 / 1980 and Article 77, para. 2 of Law No. 1 / 2001)
(see annex 4).
F. P ATENTS
17. Please explain whether or not inventions within the categories specified below are eligible to
be patented under Colombian law if they are otherwise novel, involve an inventive step, and are
industrially applicable:
(a) process inventions which, in whole or in part, consist of steps that are performed by a
computer and are directed by a computer program;
(b) product inventions consisting of elements of a computer-implemented invention
including:
(i) machine-readable computer program code stored on a tangible medium such
as a floppy disk, computer hard drive or computer memory;  or
(ii) a general purpose computer whose novelty over the prior art arises primarily
due to its combination with a specific computer program;
(c) process inventions that facilitate the conduct of business;
(d) a micro-organism.Not stated in Kuwait's law.
18. Please identify any exceptions to the rights conferred by a patent in Kuwait and indicate the
manner in which the law of Kuwait ensures that such exceptions do not unreasonably conflict with a
normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the
patent owner, taking account of the legitimate interests of third parties.
Main exceptions were in the circle of moral and public order violation.
20. Please indicate the number of compulsory li cences issued under Kuwait's patent law in each
of the last five years.
No compulsory licence has been issued.
21. Article 33 of the TRIPS Agreement requires th at patents have a term of protection that does
not end before a period of twenty years measured fr om the date of filing.  Please describe the term of
protection for patents available under Kuwait's patent law and indicate if there is any variation inthat term, based upon the area of technology to which the patent relates.  If so, please indicate what
the variations are and for what technologies and describe Kuwait's plans to bring its law into
compliance with Article 27.1, which prohibits discrimination in the enjoyment of patent rights based
on the field of technology.IP/C/W/232/Add.4
Page 12
The duration of patent protection shall be 20 years as from the date of application.  The
patentee shall undertake to apply for patent maintenance renewal within the last six months of every
four year period.
22. Please verify that the terms of all patents in existence in Kuwait on 1 January 2000, will not
end before the expiration a period of twenty years measured from the date of filing.
Article 12 of Law No. 3 / 2001: the duration of the patent shall be 20 years as from the date of
application including applications submitted on January 2000.
G. L AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
24. Please describe how Kuwait implements the obligations of Section 6, Part II of the TRIPS
Agreement and cite to relevant provisions of law.
Integrated circuits are covered under protection through Kuwait's law.  Although it is not
identified in details but an assignment (is taking place) of a special committee to study additional
extension of protection to include more detailed identifications for integrated circuits and other issues.
H. P ROTECTION OF UNDISCLOSED INFORMATION
25. Paragraph 2 of Article 39 of the TRIPS Agreement requires Members to provide protection
for all undisclosed information, including technical know-how and commercial information, which
meets certain criteria.  This protection must endure as long has the conditions identified in
paragraph 2 of Article 39 are met and protection cannot be conditioned on registration.  Please
explain how Kuwait fulfils this obligation and cite to the relevant provisions of law.
Undisclosed information is not included to be under protection.  An assignment (is taking
place) for a special committee to study additional  extension of protection to include undisclosed
information and other issues.
26. What measures, as required by Article 42 of the TRIPS Agreement, are taken by judicial
authorities in Kuwait to protect the confidentiality of undisclosed information furnished by a partyduring legal proceedings to enforce rights in such information, or for other purposes.
Please see the response to question 25.
27. Paragraph 3 of Article 39 of the TRIPS Agreement requires that Members protect certain test
data associated with requests to obtain approval to market pharmaceutical and agricultural chemical
products from disclosure and from "unfair commerc ial use". Please explain how Kuwait implements
this obligation, and in particular, please explain procedures if any that the Ministry of Health and
Population and the Ministry of Agriculture have im plemented to give practical effect to this
obligation.
Please see the response to question 25.
I. E
NFORCEMENT
28. Please describe in detail what civil actions and what civil remedies are available under
Kuwait's laws to right holders of each kind of intellectual property covered by Part II of the TRIPS
Agreement, including plant variety protection, that permit effective action against any act of
infringement to prevent infringement and deter further infringement, and cite to the provisions of law
providing for those remedies.IP/C/W/232/Add.4
Page 13
In general, enforcement measures were taken seriously against a complaint from the right
holder.  An assignment (is taking place) for a special committee to study additional extension of
protection to include measurements of enforcement and other issues.
29. Please state whether decisions on the merit in court proceedings are provided in writing and
if those written opinions are available to the public so that people can become familiar with the law.
Please see the response to question 28.
30. Please describe what civil provisional measures are available to right holders under Kuwait's
laws, describe the procedures that must be followed and cite the relevant provisions of law.
Please see the response to question 28.
33. Please describe in detail how Kuwait implements the remaining provisions of Section 4 of
Part III of the TRIPS Agreement, citing to the relevant provisions of law.
Please see the response to question 28.
__________