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Welcome to the latest edition of Law Update titled “Rise of Generative AI.”
In this edition, we dive into the dynamic world of Technology, Media, and Telecommunications (TMT) across the Middle East and North Africa (MENA) region. TMT continues to play a vital role in positioning the region as an international business and social hub, driving significant growth and innovation.
Our focus in this Law Update is on the sector’s ongoing potential to advance and propel the region toward a more digital economy. We explore the benefits of embracing a digital transformation and how local authorities have responded by enhancing regulations to accommodate the evolving TMT landscape.
This edition covers a range of topics, including – the new Telecommunications & Information Technology Law in Saudi Arabia, the intricacies of trademarks in the Metaverse, and the legal challenges faced by the video game industry. Additionally, we take a regional perspective, discussing jurisdictions such as Kuwait, Saudi Arabia, UAE, Oman, and Bahrain to provide a comprehensive understanding of the TMT landscape.
We hope you thoroughly enjoy this packed issue of Law Update, filled with captivating articles that address key legal issues within a vital sector for the region.Read the full edition
Tarek Abu Mariam - Senior Associate - Corporate / Mergers and Acquisitions / Intellectual Property
Unfortunately these procedures have not been available to prospective applications during the past years for many reasons, including the lack of the necessary competencies to carry out the examinations.
In the past, the Patent Office would accept applications and provide filing receipts, but no further action was taken in respect of such applications. The result was that prospective applicants started excluding Kuwait from their protection strategies and more importantly business models related to key inventions. The risks associate with the infringement of key patents in Kuwait resulting from the absence of adequate protection for patents and the ability to prevent such infringement became a critical risk factor for assessment in deciding whether to enter the Kuwaiti market for certain business.
This situation has changed to some extent and the good news is that the Kuwaiti Patent Office has started examining industrial design applications and publishing them for opposition purposes. Once the period of opposition expires, the Patent Office will issue a registration certificate in compliance with the above mentioned law.
It is hoped that this is a possible first step for the Kuwaiti Patent Office to begin the examination of patents and complete the registration process for the grant of patent protection in the state of Kuwait. Many countries have cooperated well with the European Patent Office (EPO), United States Patent & Trademark Office (USPTO) and The World Intellectual Property Organization (WIPO) in respect of the functioning of their patent systems and collaboration with these offices may also be valuable to the Kuwaiti Government to ensure that Kuwait’s patent system becomes fully functional.
The next important question for design right owners is going to be how effective the enforcement of design rights will be in Kuwait.
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