Date : January 21, 2020
This blog will be dealing with the design registration in Kuwait and Qatar.
Among all countries of the GCC excluding Qatar, Kuwait is the only country in which design applications are accepted but are not actively prosecuted.
The design for which protection is sought must be one which is novel and has industrial applicability.
Multiple application cannot be filed. Instead, one application can be filed with upto 50 figures in the application. These designs must form a homogenous unit in their entirety.
Currently the situation is such that once the applications are filed, the Kuwaiti Patent Registrar does not take any further action. The process of examining, publishing and granting of designs has begun in Kuwait by the Kuwaiti Patent Office. However, all designs filed with the KPO are technically in the application stage.
These applications stand as documentary evidence of ownership and priority claim inspite of there being no examination and issuance of certificate by the Patent Office.
The design is protected for a period of 10 years from the date of filing. It can be renewed for one term of 5 years.
Among all the countries of GCC, Qatar is the only country where one cannot file an application for protection of an Industrial Design. This is due to the lack of implementing regulations.
Due to the absence of statutory design laws in force in the State of Qatar, the only alternative for protecting one’s design is by publishing cautionary notes in the local newspapers. These notices have to be published in English and Arabic.
These notices are not statutorily enforceable rights, rather these notices are a way of conveying to the public that one claims the ownership of a particular design.
Regulations as to the republication of such notices have not been laid down. However, a time-to-time republication at reasonable intervals helps any possible infringement by giving the public a reminder as to the ownership of that particular design.
Chapter 3 of the UAE Federal No. 17 of 2002 (“UAE Patents and Design Law”)
Patent Law, Article 59.
Patent Law implementing by-laws, Article 30.
[The content of this article is to provide a general insight into the laws pertaining to design in GCC countries as per the research conducted and sources referred to. Specialist advice should be sought with regard to your specific circumstance.]