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JAH Jurisdictional Update KSA and Kuwait - JAH CO.IP
JAH Jurisdictional Update KSA and Kuwait

SAUDI ARABIA: COPYRIGHT REGISTRATION (implemented as of December 22, 2019)

 

The compilations that excluded from protection:

 

Regulations and judgments, decisions of administrative departments, international conventions and other official documents, as well as the official translations of these texts, taking into account the provisions governing the circulation of such documents.

Ideas, procedures, methods of work, concepts of mathematical science, abstract principles and facts.

What is published by newspapers, magazines, periodicals, radio like daily news, or new incidents.

 

The Registration application shall meet the following requirements:

 

  1. The Work or any of its contents shall not be contrary to Islamic Law (Shariah), Kingdom laws or the public decency.
  2. Completion of the data and attachments required for the Registration.
  3. Registration application is limited to one work, taking into consideration the nature of the Work.
  4. The Work shall not be from the excluded Works of the protection by the Law.
  5. The Work is in its final form, and is not a draft or a preparatory work.
  6. The payment of the financial equivalent in accordance with these Regulations.
  7. Any additional discipline, conditions and requirements, issued by a decision of the CEO of the Authority.

 

*Required Documents:

 

Architectural Designs

 

  1. Original Power of Attorney legalized up to Saudi Arabian Consulate
  2. High Quality Copies of the work (to be translated to Arabic)
  3. Title and Type of Work
  4. Full particulars of the applicant (Name, Nationality and full address)

 

Computer software & applications

 

  1. Original Power of Attorney legalized up to Saudi Arabian Consulate
  2. A detailed explanation of the software with specification of its contents. (to be translated into Arabic)
  3. The name and identity of the programmer (a photocopy of his passport or ID).
  4. An undertaking that the program is not quoted, i.e. it is the programmer’s own invention. If the opposite is proven, the application will be treated as canceled. (to be translated to Arabic)

 

*Since copyright registration is recently implemented in Saudi Arabia, there may be changes in the required documents. We will notify you timely of any changes.

 

Time Frame to complete registration if no office actions are raised

 

60 working days

 

Duration of Protection:

 

Architectural Designs – The copyright period for the author of a work shall be for the duration of his life and for a period of 50 years following his death.

 

Computer software & applications – The copyright period for computer programs shall be 50 years from the date of the first show or publication of the work, regardless of republication.

 

Costs:

 

Please note that the official costs are not yet clear. However, we will update you timely once we receive this information

 

We have enclosed the copies of Saudi Copyright Laws and its Implementing regulations of Copyright Law for your reference.

 

KUWAIT:

 

  • COPYRIGHT REGISTRATION

 

In Kuwait the National Council for Culture, Arts and Letters recently issued the Implementing Regulations of the Copyright Law. The Implementing Regulations entered into force on July 28, 2019 and are expected to pave the way to a clearer copyright procurement process.

 

Copyright Protection Framework in Kuwait

 

Member of Berne Convention

 

Yes

 

Registration

 

Possible for nationals as well as foreigners

 

Filing Requirements

 

Power of attorney, legalized

Copy of the commercial license or commercial register

Duration

 

The life of the author plus an additional 50 years

 

The implementing regulation of Copyright law NO 22, 2016 is enclosed herewith for the ease of reference.

 

  • PAYMENT OF ANNUITIES for National and PCT applications

 

Please be advised that the Kuwaiti Patent office has recently announced that the authorities are making arrangements for the issuance of annuity payment notification requests as per the attached circular. As per the existing system based on the provisions of Law No. 4 of 1962 and its amendment of 1999 allows for the registration of patents in Kuwait. The validity of a patent of invention is 20 years as of the date of filing the application. Currently, once an application is filed for the grant of a patent registration, the Kuwaiti Patent Registrar takes no further action. The Kuwaiti Patent Office has not yet started the process of examining, publishing and granting of patents. Furthermore, Kuwait became a member of the Patent Cooperation Treaty (PCT) on September 9, 2016 and starting from the 27th of March, 2018, national phase entry of PCT has become possible in Kuwait. It is our belief that the authorities have started taking steps towards the processing of filed patent applications with the Office.

 

For further information or clarification please contact us at info@jahcoip.com.