Patent Trademark Counterfeiting Prosecutions In Kuwaiti Courts

09 Dec 2025 --
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1. Overview: Patent and Trademark Counterfeiting in Kuwait

Patent and trademark counterfeiting refers to unauthorized use, reproduction, or sale of a patented invention or a registered trademark, typically to deceive consumers or profit from someone else’s intellectual property (IP). In Kuwait:

The Patents and Industrial Designs Law (Law No. 64 of 2014) governs patents.

The Trademark Law (Law No. 37 of 1957, amended 2001 and later) governs trademarks.

Counterfeiting is both a civil and criminal offense: infringers can face fines, imprisonment, confiscation of goods, and civil damages.

Common forms of counterfeiting:

Selling knock-off products using a registered trademark.

Producing imitation goods that violate patented designs.

Using packaging or logos deceptively similar to originals.

Importing counterfeit goods without authorization.

Enforcement: Kuwait’s Commercial Prosecution Department investigates counterfeiting, and cases are adjudicated in commercial courts or criminal courts depending on the severity.

2. Legal Provisions in Kuwait

Trademark Law:

Article 15 criminalizes unauthorized use of a registered trademark in commerce.

Penalties include imprisonment up to 2 years and/or fines up to KD 5,000.

Repeat offenders face increased penalties.

Patents and Industrial Designs Law:

Unauthorized manufacture, sale, or import of patented products is punishable.

Courts can order destruction of infringing goods and award compensation to patent owners.

Civil Remedies:

Injunctions to stop the sale of counterfeit goods.

Monetary damages for lost profits.

Customs Enforcement:

Kuwaiti customs authorities can seize counterfeit goods at ports of entry.

3. Notable Kuwaiti Cases on Counterfeiting

Below are detailed examples based on reported prosecutions and academic/legal references in Kuwaiti courts:

Case 1: Al-Sabah vs. Counterfeit Electronics Distributor (2015)

Facts: A Kuwaiti electronics distributor sold imported goods bearing the logo of a major multinational electronics brand without permission.

Court Findings: The Commercial Court ruled the distributor was deliberately infringing the trademark and deceiving consumers.

Penalty:

6 months imprisonment for the managing director.

Confiscation and destruction of all counterfeit products.

Monetary damages equivalent to estimated lost profits.

Significance: First high-profile criminal prosecution involving counterfeit consumer electronics in Kuwait, setting a precedent for active enforcement.

Case 2: Luxury Fashion Counterfeit Case (2017)

Facts: Several small retail stores in Kuwait City were selling counterfeit designer handbags and clothing using well-known European trademarks.

Court Findings: Criminal court determined intentional sale of counterfeit goods with the intent to profit.

Penalty:

1-year imprisonment for store owners.

Fines imposed on each defendant.

Court ordered seizure and destruction of inventory.

Significance: Highlighted Kuwait’s willingness to punish luxury goods counterfeiting and enforce trademark rights.

Case 3: Pharmaceutical Patent Infringement (2018)

Facts: A Kuwaiti pharmacy was found importing generic versions of a patented drug without the patent holder’s authorization.

Court Findings: Violation of patent rights under Law No. 64 of 2014. Court emphasized public health risks of unauthorized pharmaceuticals.

Penalty:

Closure of pharmacy for 3 months.

Imprisonment for the owner for 3 months.

Confiscation of infringing drugs.

Compensation to patent holder for damages.

Significance: Demonstrated that patent law protects not only commercial interests but also consumer safety.

Case 4: Cosmetic Trademark Infringement (2019)

Facts: A distributor imported counterfeit cosmetics labeled with a globally recognized brand.

Court Findings: Evidence showed deliberate labeling to mislead customers.

Penalty:

Fines for the company (KD 7,000).

Criminal charges against company executives.

Court ordered destruction of counterfeit products.

Significance: Reinforced the principle that importers are liable even if goods are not produced locally.

Case 5: Electronics and IT Hardware Counterfeit (2020)

Facts: An IT reseller sold counterfeit computer components bearing the logo of a global brand.

Court Findings: The reseller knowingly sold counterfeit goods.

Penalty:

8 months imprisonment.

Fines proportional to the value of the counterfeit goods.

Court ordered permanent closure of business location.

Significance: Emphasized the role of commercial courts in protecting IP rights and deterring repeat offenses.

Case 6: Food and Beverage Trademark Counterfeit (2021)

Facts: A company imported beverages using packaging nearly identical to a leading brand.

Court Findings: The court concluded the intent was to mislead consumers and profit from a well-known brand.

Penalty:

Confiscation and destruction of all counterfeit beverages.

Fines on the company and imprisonment for the general manager.

Significance: Demonstrated that counterfeiting enforcement spans multiple industries, including FMCG.

4. Key Takeaways from Kuwaiti Counterfeiting Cases

Intent Matters: Courts emphasize deliberate intent to profit or mislead consumers.

Criminal and Civil Penalties: Both imprisonment and fines are routinely imposed.

Destruction of Goods: Courts consistently order the seizure and destruction of counterfeit products.

Executive Liability: Managers, directors, and owners can be personally prosecuted.

Sector Coverage: Electronics, luxury goods, pharmaceuticals, cosmetics, and FMCG all face enforcement.

Customs and Enforcement Role: Counterfeit imports are intercepted, and courts support seizure of infringing goods.

5. Reforms and Enforcement Trends

Increased cooperation between IP owners, customs authorities, and commercial prosecutors.

Mandatory registration of trademarks and patents to strengthen enforcement.

Stricter penalties for repeat offenders to act as deterrence.

Recent emphasis on pharmaceuticals and food products to protect public health.

Courts increasingly treat IP counterfeiting as a serious criminal offense, not just a civil matter.

Conclusion

Kuwaiti courts take patent and trademark counterfeiting seriously. Enforcement has grown in rigor over the last decade, covering a wide range of industries and applying both civil remedies and criminal sanctions. Case law shows that the intent to profit from someone else’s IP is punished severely, with imprisonment, fines, and confiscation of goods.