Intellectual Property and Investment

Working With Us, Step by Step

1. Initial consultation: We listen to your project idea or your problem as it is, and identify what rights you actually hold, what protection you are missing, and which authority is competent for each matter, before we propose any action. We also tell you frankly if what you are asking for needs no action at all, or if there is a simpler and less costly route.
2. Reviewing the project, brand or contract: We study your logo, name, content, existing contracts and, where there is one, the company's memorandum of association, and we expose the weak points: an unregistered right, intellectual property held in the name of someone other than the company, or a clause that gives the other party more than you expect. In investment projects we also review the licence and the registered activity and whether they match what you actually do.
3. Registration or structuring plan: We give you a written plan setting out what should be registered and in whose name, the most suitable legal form for the company, how shares and powers are allocated between partners, and what approvals a foreign investor needs, with priorities arranged so that your most important assets are protected first.
4. Drafting the agreements: We draft or review partners' agreements, franchise agreements, licensing and distribution contracts, confidentiality agreements, and development contracts that expressly transfer ownership of the work to you. We write the clauses in clear language that you understand before any judge does, and explain the effect of each clause before you sign.
5. Filings with the competent authorities: We prepare the applications and documents and file them with the Ministry of Commerce and Industry and the other relevant authorities, follow them up until a decision is issued, and respond to any requests for additional information or oppositions.
6. Protection and enforcement: When infringement occurs, we document the evidence, send warning notices, file complaints and reports, and bring the appropriate civil and criminal actions to stop the infringement and claim compensation. Many infringement cases end with a well-crafted warning letter without any need to litigate, and we go to court when that is the most effective route.

When Do You Need an IP and Investment Lawyer?

• When you are about to launch a new trade name or logo and want to make sure nobody got there first, before printing signage and designing your accounts.
• When you discover an Instagram account or online store using your business name, logo or product photos without permission.
• When you hire a programmer or development company to build an app or website and want the source code and designs to belong to you, not the developer.
• When you are offered a franchise of a local or international brand, or want to franchise your own brand to others inside or outside Kuwait.
• When you are setting up a company with partners and need written rules for what happens on disagreement, withdrawal, death, or the entry of a new investor.
• When you are a foreign investor looking for the most suitable legal route into the Kuwaiti market and the limits on what you may own.
• When you receive a warning notice or a lawsuit from a party claiming that your brand or content infringes its rights.
• When an employee or partner leaves and takes client lists, designs or trade secrets with them.

Documents to Bring to Your Consultation

• A copy of your civil ID or passport, plus the commercial licence and the company's memorandum of association and its amendments if the business is already operating.
• The logo and name to be protected in a clear format, with an accurate description of the goods or services they are used for.
• Any registration certificates or earlier applications in Kuwait or other countries, and evidence of the date the mark was first used.
• The relevant contracts: the proposed franchise agreement, development or design contract, partners' agreements, distribution or licensing contracts.
• For infringement: dated screenshots, links to the accounts and pages, invoices for purchasing the counterfeit product, and any correspondence with the infringer.
• For foreign investors: the parent company's documents or your ID, and a summary of the intended activity and expected size of the investment.
• A list of your questions and what you want to achieve; it saves time and focuses the consultation on what matters to you.
• For partners' agreements: a list of the partners and their cash and in-kind contributions, and anything agreed verbally about management and profit distribution.
• For protecting apps and content: anything proving the date of creation, such as drafts, original files and emails, and contracts with freelance developers or designers.

Frequently Asked Questions

How do I register my trademark in Kuwait?

A trademark application is filed with the Trademarks Department at the Ministry of Commerce and Industry, specifying the class or classes of goods or services concerned. The mark is examined to confirm it is registrable and not similar to an earlier mark, then published so that interested parties can oppose it within the prescribed period, after which the registration decision is issued. Kuwait applies the unified GCC Trademark Law (Regulation), but registration remains national and does not automatically extend to the other GCC states. So if you plan to expand across the Gulf, it is better to prepare a registration plan covering the target countries from the start.

Someone is copying my business name and logo on Instagram. What should I do?

Start by documenting the infringement immediately with dated screenshots and links to the account before it is deleted or changed. If your mark is registered, your position is strong: you can report it to the platform itself and send a formal warning notice, then turn to the competent authorities and the courts if needed. If it is not registered, there is still protection under the rules on unfair competition, but proof becomes harder, so we usually start registering the mark in parallel with tackling the infringement. We also make sure that no warning or public post contains wording that could expose you to liability for defamation or insult.

Is the trade name on my commercial licence enough to protect my brand?

No. The trade name identifies the business itself in the commercial register, while a trademark distinguishes goods and services in the market, and each has its own rules and protection. Many business owners discover years later that their logo was never registered as a trademark even though the licence is in their name, and that someone else registered it first. It is advisable to register the name and logo as a trademark in the classes in which the business actually operates. For details, see our article on the difference between a trade name and a trademark.

How can I protect an app or digital content I have created?

Source code, designs, text and videos are works protected by the Copyright and Related Rights Law from the moment they are created, with no registration requirement, although deposit and documentation make it easier to prove priority in a dispute. A bare idea is not protected in itself, which is why we rely on confidentiality agreements before the project is presented to investors or partners. Most importantly, the development contract must expressly state that ownership of the work passes to you; otherwise the developer may claim rights in it or reuse it for another client.

What are the main risks in a franchise agreement?

What most often surprises franchisees: vague renewal terms, a franchisor's right to terminate on broad grounds, minimum sales or outlet commitments, post-termination non-compete restrictions, and arbitration outside Kuwait under a foreign law. You should also verify that the franchisor actually owns the brand and that it is registered in its name in Kuwait. We review these clauses before signing, not after, while checking whether the relationship could be treated as a commercial agency, with the consequences that follow; for more, see our article on franchise agreements under Kuwaiti law.

Can a foreign investor fully own a company in Kuwait?

The general rule under the Commercial Code and the Companies Law is that a non-Kuwaiti carrying on trade in Kuwait needs a Kuwaiti partner holding a share set by law. However, the Law on the Promotion of Direct Investment in the State of Kuwait allows full foreign ownership in certain activities under a licence from the Kuwait Direct Investment Promotion Authority, alongside other forms such as a branch or a representative office, each with its own conditions and scope of activity. The right structure depends on the nature of the activity and the size of the investment, and we explain the alternatives and their effects before you start, including their impact on tax and the repatriation of profits.

What is the difference between the memorandum of association and a partners' agreement?

The memorandum of association is an official document recorded with the competent authority and governs the company's relationship with third parties, and it is often a standard form that does not address the details of the relationship between the partners. A partners' agreement covers matters such as how major decisions are taken, pre-emption rights when shares are sold, exit from the company, and dispute resolution. The agreement must be drafted so that it does not conflict with the memorandum of association or the Companies Law, otherwise it loses part of its effectiveness. Avoiding a dispute later is far easier than resolving one, as we explain in our article on disputes between partners and shareholders.

Does a patent registered in another country protect my invention in Kuwait?

Patent protection is territorial in principle: a patent granted in one country has no effect in Kuwait unless protection is registered or applied for there under the applicable rules. To be granted a patent, an invention must be new, involve an inventive step and be industrially applicable, so it should not be publicly disclosed before the application is filed. We help you assess whether a patent application is worthwhile compared with protecting the innovation as a trade secret. In some cases, tight confidentiality, backed by non-disclosure agreements with employees and partners, is more effective than the disclosure a patent application requires.