Kuwait Court of Cassation principle number 4646

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. Its implication. The provisions of the two agreements have the force of legislation, requiring the judge to apply the rules contained therein to relationships falling within their scope of application, to the exclusion of other legal provisions. - Conferring international protection upon a registered trademark pursuant to the Convention Establishing the World Intellectual Property Organization, to which Kuwait acceded by Law 2 of 1998. Its condition. Accession to this 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 ruling annulling the challenged decision rejecting the opposition to registration without ascertaining the aforementioned accession. A deficiency that vitiates it and requires its cassation.