Kuwait Court of Cassation principle number 494

Kuwait’s accession to the Agreement Establishing the World Trade Organization (GATT) under Law No. 81 of 1995 and to the Convention of the World Intellectual Property Organization under Law No. 2 of 1998. Its import. - 442 - Civil Procedure. The provisions of the two agreements operate as legislation whose rules the judge is obliged to apply 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 under 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. A judgment annulling the challenged decision rejecting the opposition to registration without ascertaining the aforementioned accession. A deficiency that vitiates it and requires its cassation.