Kuwait Court of Cassation principle number 12

Kuwait’s accession to the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization by Law No. 2 of 1998. Consequence. The provisions of the two agreements have the force of legislation whose rules the judge must apply to relationships falling within their scope of application, to the exclusion of other legal provisions. - Conferring international protection upon a trademark registered pursuant to the Convention Establishing the World Intellectual Property Organization, to which Kuwait acceded by Law 2 of 1998. Its condition. Accession to that Convention by both states: the first, in which the trademark is registered, and the second, in which registration of that trademark is opposed. The judgment’s annulment of the challenged decision rejecting the opposition to registration without ascertaining the aforementioned accession. A deficiency that vitiates it and requires its cassation. 3- Effect of knowledge of the law: