Intellectual Property Office
This page provides practical information to help you make the most of your IP when doing business in?Kuwait.
If you plan to do business in Kuwait,?or if you are already tradingthere, it is essential to know how tomanageand enforce your IPasprivate property rights.
The Ministry of Commerce and Industry (MOCI) is thebody responsible for operating the patent, industrial design, trade markand copyright system in Kuwait. Protect Your Industrial Property - Directorate of Industrial Property Portal.
British businesses seeking IP advice should contact our Gulf Cooperation Council (GCC) attache, based in the British Embassy, Riyadh,
Trade marks
The Kuwait trade mark system is like the UKs. Trade marks protect symbols, colours or other devices used to identify a business products or services. A trade mark is valid for 10 years, then may be renewed indefinitely for further 10-year periods. Collective and certification marks can be protected.
If you are a resident or business based in Kuwait and would like to protect your trade mark, you can apply directly at MOCI Kuwait Government Online Applying for Local Trademark Registration however the process can be complex and challenging. It is recommended that you appoint a local legal representative to file on your behalf.
Kuwait is not a member of Madrid system for international trade mark protection
Good to know
Kuwait recognises well-known trade marks.
Multiclass applications are not permitted, so a separate application must be made for each class of goods and services.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in Kuwait. All patent rights in Kuwait are subject to the payment of annual renewal fees, commencing 1 year after theyve been filed.
To protect your innovation with a patent in Kuwait you must file an application directly to MOCI
If you are a resident or business based in Kuwait and would like to protect your innovation with a patent, you can apply directly at MOCI, however the process can be complex and challenging. It is recommended that you appoint a local legal representative to file on your behalf.
Kuwait is a Contracting State of the Patent Cooperation Treaty.
Good to know
Like the UK, Kuwait operates a first to file principle. If more than one person applies for a patent on an identical invention, the first to file the application will be awarded the patent. As in the UK, there is no provision for utility model patents in Kuwait.
Kuwait does not provide for a grace period.
Designs
In Kuwait, design protection initially lasts for 10 years and renewable for 5 years.
Kuwait is not party to the international Hague system for search and registration of industrial designs, so it is not possible to file a design through this route.
Copyright
The Kuwait copyright framework provides all the basic protections required by international law. Copyright owners do get automatic protection through Kuwait law.
Copyright in Kuwait protects works that are original and expressed in a tangible form, for example, recorded on tape or written down.
The length of protection lasts for?50 years counted from 1 January of the year following the authors death.
Good to know
Kuwait operates a depository system for copyrighted works at the Kuwait National Library and a Copyright Infringement Complaint service.
Enforcing your rights
IP rights are infringed when others make use of your IP rights in an unauthorised way. In case of infringement, you can enforce your IP rights through an action in the civil court or through criminal prosecution. Injunctions are civil remedies for infringement of IP. Injunctions are court orders to make an infringer stop the infringing act.
Issues with IP infringement can be dealt with directly with the alleged infringer, for example using mediation, cease and desist letters or through a licencing arrangement.
Enforcing IP rights in Kuwait can be challenging and local legal advice is recommended.
More information
The Arab British Chamber of Commerce, provide a variety of business advice, services, and support to businesses in the region.