Kuwait Court of Cassation principle number 139

The new law. The general rule is that it does not apply to the past, but rather, from its effective date, to legal positions formed after its entry into force and to future effects arising from prior legal positions. The exception. The effects of transactions concluded under the authority of the old law remain subject to it, unless the provisions of the law pertain to public policy, in which case they apply to the effects arising thereafter following its entry into force. - The World Trade Organization Agreement and the Intellectual Property Organization Agreement. Are among the agreements that must be issued by law to enter into force and are not operative until published 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 for retroactive application of the provisions of this Agreement. Its implication. The Agreement takes effect from the effective date of this Law. The judgment’s departure from this. An error in the application of the law requiring its cassation. Example concerning the registration of a trademark.