Legal notes to copyright registration in Kuwait

Legal notes to copyright registration in Kuwait

Copyright registration in Kuwait. Kuwait, officially the State of Kuwait, is a country in Western Asia. Kuwait has been classified as a “potential middle power” by the Hague Centre for Strategic Studies. Furthermore, Kuwait is a founding member of the GCC and a major non-NATO ally to the United States. Kuwait also has strong economic ties to China and ASEAN. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of copyright registration in Kuwait.

Copyright in Kuwait

Unlike other intellectual property rights such as trademarks, patents, industrial designs, plant varieties, etc., copyright does not need to be registered for protection but will be automatically protected from the time the works are created.

The creation must be visible in a certain material form, like content, quality, form, medium, language, published or unpublished, registered or unregistered.

Accordingly, whether registered or not, the copyright to the work will still be protected. However, the creator should still apply for copyright registration in Kuwait early because early registration will give the author/owner of the work many advantages in the event of a dispute.

When unauthorized use of work occurs around the world, the owner of a work who has made a copyright registration in Kuwait will not have to waste time and complicate matters with proving himself/herself to be the legitimate owner of the work.

Thereby, in order to avoid passivity, the owner of the work should make a copyright registration in Kuwait immediately to protect their rights and interests when there is an infringement.

Copyright registration in Kuwait

Kuwait is a member country of The Berne Convention for Copyright since 2014.

The Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention) is an international agreement governing copyright. The agreement was first accepted in Berne, Switzerland, in 1886.

As Kuwait is a contracting party of the Berne Convention, any work originating in Kuwait will be given copyright protection in each of the Berne Convention member countries.

In most countries, copyright protection is automatic as soon as the work existed in material form. However, the copyright registration in Kuwait is critical in order for the copyright owner to obtain evidence of copyright.

Evidence of copyright is extremely important even when the works are automatically protected according to copyright law.

When registering, the work will get an application submission date, as well as information about the creation and proof of creative concept and development. This provides unambiguous proof of authorship and ownership that can’t be denied.

Proof of copyright is essential in an age when the publishing, dissemination, and theft of material is extremely easy with the exposure of the Internet.

If copyright registration is not made, copyright owners will lose a big amount of money as well as time attempting to fight copyright issues and prove ownership of the original work.

If the copyright owner has already registered for copyright protection to the IP office, they would have a strong legal foundation which would increase their chance of winning against the violating parties.

Documents for copyright registration in Kuwait

To obtain copyright registration in Kuwait, the author of the work needs to prepare the following documents:

  • Declaration of copyright registration in Kuwait;
  • Two copies of copyrighted work;
  • Documents proving the right to apply;
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright is jointly owned;
  • Notarized identity card of the author or owner of the work;
  • Power of Attorney, if the applicant is an authorized person;
  • Notarized copy of the company’s business registration certificate (if the owner is a company).

The copyright law of Kuwait

In June 2019, Kuwait’s parliament approved a new copyright law (Law # 75 of 2019). The new law, heavily influenced by the Berne Convention which was joined in by Kuwait in 2014, better protects copyright holders and their works.

Besides copyright, the law also strengthens intellectual property rights to protect inventors and their patents. The new change in Kuwait’s copyright law in the 2010s decade has proven that this country is a worthy investment destination for foreign investors as well as a haven for content creators, artists, musician, etc.

You can see a list of Kuwait IP firms here.

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