Kuwait Court of Cassation principle number 1120

Works whose authors enjoy legal protection. Their nature: original works in literature, the arts and sciences, whatever their value, type, purpose of authorship or manner of expression. Article 1 of Law 64/1999 concerning Intellectual Property Rights. - Originality of a work. Its meaning. The personal creative character imparted to it by the author that allows it to be distinguished from other works. - The author is the person who creates the work or to whom it is attributed unless evidence to the contrary is established. - The author alone has the right to determine publication of his work, designate the method of publication and exploit it financially by any method of exploitation. Article 4 of Law 94/1999. - Cinematographic, broadcast and visual works. By their nature, they are joint works in whose preparation more than one person participates. The condition for conferring the status of joint author is that the joint author's work be characterized by originality. Material acts are not characterized as original. Article 2/1 of Law 64 of 1999. - Assessing joint authorship of a work and inferring the presence or absence of fault giving rise to tort liability. A matter of fact for the court of merits. The condition therefor. An example concerning the inference that the television interviewee is the author, his entitlement to decide on publication of his work and designate the method of its financial exploitation, and the absence of fault giving rise to liability. Patent