Kuwait has acceded to the Paris Convention for the Protection of Intellectual Property on September 2, 2014 becoming the 176th country of the said Convention which will enter into force on December 2. 2014.  

As of this date, applicants of trademarks can claim priority for trademarks under Paris Convention.  As such, Kuwait and all the remaining Gulf Cooperation Council member countries (Bahrain, Oman, UAE, Saudi Arabia and Qatar) have now acceded to the Convention. With this it is also expected that the GCC Patent Office will deposit its instruments for accession. Although both the Kuwaiti and GCC patent laws were aligned in some aspects with the Convention practices, such as claiming a 12-month priority on novelty, this move is an indication of Kuwait’s desire to further align itself with the international IP community in general, beyond its WTO membership and accompanying TRIPS agreement.

Until now, the Kuwaiti Patent Office has acted as a deposit system for patents. Patent applications filed with the Kuwaiti PO were examined on formalities until such time as the regulations are published and further prosecution through decision are implemented

 

As for trademarks, the Kuwaiti Trademark Office has still not clearly defined the requirements for submission of the priority document. A certified copy will be the standard procedure but the time frame for filing the document has not been defined yet.  Now and according to the present practice of the trademarks office it is not necessary to submit all relevant documents at the time of filing. The documents can be filed later at no time limit.  

 

We believe the same will apply to the submission of the certified copy of the priority document.  With this accession, all Arab countries are now members of the Convention, with the exception of Gaza and West Bank.