Kuwait Court of Cassation principle number 9

The new law. In principle, it does not apply to the past but applies from the date it takes effect to legal positions formed after its entry into force and to future effects arising from previous legal positions. Exception. The effects of transactions concluded under the authority of the old law remain subject to it unless the provisions of the law relate to public policy, in which case they apply to effects arising therefrom after its entry into force. - The World Trade Organization Agreement and the Intellectual Property Organization Agreement. Among the agreements whose entry into force requires their issuance by law and which take effect only after publication in the Official Gazette. - Kuwait’s approval of the Agreement Establishing the World Trade Organization (GATT) by Law No. 81 of 1995, published in the Official Gazette on 5/9/1995, which contained no provision making the provisions of this agreement applicable to the past. Its implication. The agreement takes effect from the date this law takes effect. A judgment to the contrary. An error in the application of the law requiring its cassation. Example concerning registration of a trademark.