Kuwait - Country Commercial Guide
Protecting Intellectual Property

Provides advice on IPR protection, including information on the registration of patents and trademarks.

Last published date: 2021-03-16

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 local trademark, patents and copyright laws as well as under the Gulf Cooperation Council (GCC) Trademark Law and GCC Patent Law.

In 2020, Kuwait moved from the Priority Watch List to the Watch List. Kuwait took steps to reform its copyright regime, including in the area of enforcement, by passing the 2019 Copyright and Related Rights Law and the Implementing Regulations. The United States encourages Kuwait to continue to take steps to evaluate and clarify its copyright regime to ensure consistency with international standards and to adopt regulations for collective management organizations, enforcement officials, and registration procedures. Some are also concerned with the provisions of the new copyright law that are unclear, such as ambiguities with certain definitions, the scope of protection, and the scope of certain limitations and exceptions. The United States also acknowledges increased intellectual property (IP) enforcement in 2019 by the Ministry of Commerce and Industry’s Consumer Protection Department, the Kuwait General Administration for Customs Intellectual Property Rights Unit, and the Ministry of Health’s Drug and Food Control Department. However, improvements in Kuwait’s IP enforcement procedures are still needed, especially to enhance outreach and communication with trademark and copyright owners, to implement a modern customs trademark recordation system, and to coordinate IP investigations and enforcement actions between enforcement authorities.

New IP laws and regulations enacted during 2015 – 2020 include:

Gulf Cooperation Council Trademark Law in 2015.

Copyright and Related Rights Law of 2019.

In addition, Kuwait acceded to the Patent Cooperation Treaty (PCT) in 2016.

In any foreign market companies should consider several general principles for effective management of their intellectual property. For background on these principles please link to the following article on Protecting Intellectual Property and Stopfakes.gov, or contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell at Stevan.Mitchell@trade.gov.

 

U.S. Intellectual Property Attaché for Middle East and Africa

Name: Peter Mehravari

Address: U.S. Embassy United Arab Emirates

Telephone: +965 2259-1455

E-mail:peter.mehravari@trade.gov

 

For more resources: Stopfakes.gov