COUNTRY : KUWAIT
CAPITAL : KUWAIT CITY
LANGUAGE : ARABIC
MEMBER : GULF COOPERATION COUNCIL, WTO-TRIPS
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
2 or more persons owning interests in the design must apply jointly.
• Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format
• The full name and address of each creator;
• The full name and address of each applicant;
• The name of article to which the design is applied;
• The filing date, application number and country of the priority application; and
• The priority document
• Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles.
• Full payment of fees.
1. A Power of Attorney, duly legalized up to the Kuwaiti Consulate.
2. An Extract from applicant's entry on the Commercial Register, also legalized up to the Kuwaiti Consulate.
3. A certified copy of the priority document.
4. Two representations of the design
5. A brief description of the design
Ordinary application.
An ordinary application does not claim priority.
To come under the scope of registration, a Design should:
i. Be new and / or original
ii. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date
iii. Be significantly distinguishable from known designs or combination of known designs.
iv. Not contain scandalous or obscene matter, or be contrary to public order or morality.
v. Not be a mere mechanical contrivance.
vi. Be applicable to an article, should appeal to the eye.
Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.
Aspects of Designs registrable:
• 2 Dimensional, 3 Dimensional, general appearance of a design.
• Contours, Colours, Shapes and Textures
• Material out of which the design is made
• Decoration of the design
• Packaging, Graphic Symbols, Typographic Typefaces
• A drawing or a model contrary to public order or morality.
• A drawing or a model that relates to a computer program.
• A drawing or a model whose characteristics are solely dictated by technical function of the product to which it relates.
• A product that needs to be combined with another product, so that each can perform its function.
• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date. Designs which are not significantly distinguishable from known designs or combination of known designs or
• Comprises or contains scandalous or obscene matter.
Steps to Registration:
i. Finding out whether such a design has been registered previously.
ii. Preparing a representation of the design
iii. Identifying the class of design.
iv. Providing a statement of novelty.
v. Including a disclaimer that the design has not been in the public domain at any point in time.
vi. Claiming a priority date if the design Is registered in other countries.
vii. Determining the fee to be paid.
viii. Ensuring all enclosures are attached.
ix. Complying with objections if any.
x. Providing full details pertaining to contacts and addresses.
Several designs may be combined in one multiple application as long as the products belong to the same class.
As per Regulations, formalities examination conducted as per compliances as required.
Upon registration of the design, a Certificate of Registration is issued to the applicant.
Upon completion of all formalities and requisites, the design is registered and Certification of Registration issued.
Protection to the design is provided for 15 yrs.
WHY PROTECT DESIGNS IN KUWAIT? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.
