المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. - علامات تجارية

    Principle 1946Comparison of a trademark. It is based on personal assessment. The Court of Appeal must exercise its substantive review in this regard.Commercial and Labour — Volume 9 · Source page ٣٣٩
  2. Principle 1947Unlawful competition, including imitation of one trademark by another, is a form of tortious liability, the establishment of which requires the elements of that liability: fault, damage and a causal relationship.Commercial and Labour — Volume 9 · Source page ٣٣٩
  3. Principle 1948The trademark. Its purpose. How this purpose is achieved. Distinguishing between trademarks. Its criterion. Considering them as a whole, not each of the elements of which they are composed. - Assessing whether there is sCommercial and Labour — Volume 9 · Source page ٣٣٩
  4. Principle 1949Assessment of similarity between trademarks or its absence. A factual matter within the trial court's exclusive discretion, provided it is sound. No fault attaches to the court for comparing the 2 marks to determine whetCommercial and Labour — Volume 9 · Source page ٣٣٩
  5. Principle 1951Every interested party has the right to request cancellation of marks registered without right, without being required to reside in the State of Kuwait. The trademark. Its purpose. Distinguishing products and goods. How Commercial and Labour — Volume 9 · Source page ٣٣٩
  6. Principle 1952Registration of a trademark. A rebuttable presumption of its ownership. The burden of proving otherwise rests on the person claiming ownership. - Registration of a trademark coupled with its use for five consecutive yearCommercial and Labour — Volume 9 · Source page ٣٣٩
  7. Principle 1953The owner of a registered trademark may obtain an order on petition, before or after initiating the criminal and commercial actions, for conservatory attachment of the machinery, tools, products, and goods used in counteCommercial and Labour — Volume 9 · Source page ٣٤٠
  8. Principle 1954Trade name and trademark. The nature of each. - A person's acquisition of ownership of a trademark. Its effect. Establishment of protection for him preventing others from using it. The nature of this right. Its limitatioCommercial and Labour — Volume 9 · Source page ٣٤٠
  9. Principle 1955Trade name and trademark. Its nature and when it is established. - The mark must be considered as a whole when assessing its distinctiveness from other marks. Example concerning liability arising from its imitation.Commercial and Labour — Volume 9 · Source page ٣٤٠
  10. Principle 1956The Trademarks Registry Administration must suspend applications to register the same trademark or closely resembling or similar trademarks for one class of products if more than one person applies to register them at thCommercial and Labour — Volume 9 · Source page ٣٤٠
  11. Principle 1957Ownership of a trademark is established for whichever disputant proves priority of use of the mark, even if the other was first to submit an application in this regard.Commercial and Labour — Volume 9 · Source page ٣٤٠
  12. Principle 1958Trademark. Its purpose. Distinguishing products and goods. This is achieved by differentiating between the marks used to distinguish a particular commodity so as to remove ambiguity, ensuring that the consuming public isCommercial and Labour — Volume 9 · Source page ٣٤٠
  13. Principle 1959A decision refusing registration of a trademark or making it subject to a condition. Challenging it before the Court of First Instance within thirty days from the date the applicant for registration is notified of it. ArCommercial and Labour — Volume 9 · Source page ٣٤٠
  14. Principle 1960The trademark. Its purpose. Distinguishing products and goods. This is achieved through differentiation between the marks used to distinguish a particular commodity so that ambiguity is removed and the consuming public iCommercial and Labour — Volume 9 · Source page ٣٤١
  15. Principle 1961Counterfeiting a trademark. The conservatory measure required to be taken by the trademark owner. Its restriction to attachment of the tools and machinery used or potentially used in the counterfeiting process and the wrCommercial and Labour — Volume 9 · Source page ٣٤١
  16. Principle 1962Treaties of peace and alliance, treaties relating to the State's territories or natural resources, rights of sovereignty, and citizens' public or private rights, treaties of commerce, navigation and residence, and treatiCommercial and Labour — Volume 9 · Source page ٣٤١
  17. Principle 1963Any interested person and the trademark owner may obtain an order from the competent judge to take precautionary measures against any machines or tools used in affixing the trademark, as well as the products, goods and pCommercial and Labour — Volume 9 · Source page ٣٤٢
  18. Principle 1964A sole proprietorship. Is not a legal person with an independent patrimony but is part of its owner's patrimony. The consequence thereof: registration of a trademark in its name is merely registration in its owner's nameCommercial and Labour — Volume 9 · Source page ٣٤٢
  19. Principle 1965Registration of a trademark. A rebuttable presumption of ownership of the mark. Its import. The burden of proving ownership rests upon whoever disputes the registrant's ownership.Commercial and Labour — Volume 9 · Source page ٣٤٢
  20. Principle 1966Understanding the facts of the case and assessing the evidence submitted therein. Within the authority of the court of merits. Its condition. Example concerning ownership of a registered trademark.Commercial and Labour — Volume 9 · Source page ٣٤٢
  21. Principle 1967Kuwait'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 consequence. The Commercial and Labour — Volume 9 · Source page ٣٤٢

  22. - جدك

    Principle 1968Administrative decision. It must be based on a ground justifying it in fact and law. Meaning of the ground. - The administrative authority is not obliged to give reasons for its decisions unless the law requires it to doCommercial and Labour — Volume 9 · Source page ٣٤٣

  23. - استخلاص قيام الوكالة وسعتها

    Principle 1971Inferring agency from the documents submitted in the action and from presumptions. Within the authority of the court of merits.Commercial and Labour — Volume 9 · Source page ٣٤٥
  24. Principle 1972An agency granted in the interest of the agent or a third party. The principal may not dismiss the agent or restrict his agency without the consent of the person in whose interest the agency was granted.Commercial and Labour — Volume 9 · Source page ٣٤٥
  25. Principle 1973Inferring the existence or absence of agency. Within the authority of the court of merits. The condition therefor.Commercial and Labour — Volume 9 · Source page ٣٤٥
  26. Principle 1974The agency encompasses all necessary dispositions and acts required for its performance. - Inferring the existence and scope of the agency. A matter of fact. Within the sole province of the trial court. The condition forCommercial and Labour — Volume 9 · Source page ٣٤٥
  27. Principle 1975Determining the existence of agency, its extent and the legal acts it encompasses. A question of fact. Independently determined by the judge of merits.Commercial and Labour — Volume 9 · Source page ٣٤٥
  28. Principle 1976The general rule in an agency, whether general or special, is that the agent's capacity is confined to undertaking the acts specified therein. Its inclusion of what its execution requires. The judgment's failure to ascerCommercial and Labour — Volume 9 · Source page ٣٤٥
  29. Principle 1978Legal acts performed by the agent. Their effectiveness against the principal and the attribution of their effects to him. Its condition. That they fall within the limits of the agency. - Ascertaining the extent of the agCommercial and Labour — Volume 9 · Source page ٣٤٦

  30. - محل الوكالة

    Principle 1979Determining the extent of the agency and the legal dispositions it encompasses. The authority of the court of merits. The condition therefor. Example. - The subject matter of agency:-Commercial and Labour — Volume 9 · Source page ٣٤٦
  31. Principle 1980The right of recourse to the courts. Its suitability as the subject of an agency contract. Disputing the validity of the agent's representation of his principal. A dispute concerning capacity governed by the plea of inadCommercial and Labour — Volume 9 · Source page ٣٤٦

  32. ارتباط شكل الوكالة بالتصرف القانوني محلها

    Principle 1981The subject matter of agency. Its nature. A legal act that may entail performing material acts regarded as ancillary to it and not constituting an obligation for a sum of money. The consequence. No default interest is paCommercial and Labour — Volume 9 · Source page ٣٤٦
  33. Principle 1982The former Commercial Law 2 of 1961. It does not permit the agent to obtain any compensation unless he is dismissed at an inappropriate time and without an acceptable excuse, even if that excuse relates to the principal Commercial and Labour — Volume 9 · Source page ٣٤٦
  34. Principle 1984Both the memorandum of incorporation of the joint-stock company and its articles of association must be drawn up in an official instrument. Failure to observe this. Its effect: nullity. Example. - The agency must satisfyCommercial and Labour — Volume 9 · Source page ٣٤٧
  35. Principle 1985The memorandum of incorporation and articles of association of joint-stock companies must be drawn up in an official instrument. Founders authorising others to conclude the company contract. This requires that these poweCommercial and Labour — Volume 9 · Source page ٣٤٧
  36. Principle 1986The contract of a limited liability company. Official form is an essential element thereof, of a contract by which any partner transfers his share therein, and of a power of attorney issued to another for its execution. Commercial and Labour — Volume 9 · Source page ٣٤٧

  37. - أثرها بالنسبة للوكيل - التزامات الوكيل

    Principle 1988Interpretation of the agency contract is determined by reference to the wording of the power of attorney itself and the circumstances in which it was issued, and falls within the authority of the court of merits. The conCommercial and Labour — Volume 9 · Source page ٣٤٨
  38. Principle 1989A contract concluded by an agent exceeding the limits of his agency. Voidable for the benefit of the principal alone. The reason for this.Commercial and Labour — Volume 9 · Source page ٣٤٨
  39. Principle 1990The agent's act. Effective against the principal as though it had emanated directly from him. Its effect.Commercial and Labour — Volume 9 · Source page ٣٤٨
  40. Principle 1991The agent may conclude the contract which the agency authorizes him to issue in his capacity as principal, and its effects accrue to the principal and the person with whom the agent contracted.Commercial and Labour — Volume 9 · Source page ٣٤٨
  41. Principle 1992An agent's contracting with a third party in the principal's name and within the limits of the agency. Its effect. The contract operates in respect of the principal.Commercial and Labour — Volume 9 · Source page ٣٤٨
  42. Principle 1993The admission being made by the litigant himself. Not necessary for it to produce its effect. It may be made by an agent so long as he holds a special power of attorney authorising it.Commercial and Labour — Volume 9 · Source page ٣٤٨
  43. Principle 1994The agent's contracting with a third party in the principal's name and within the limits of the agency. The rights and obligations arising from the contract accrue to the principal. Article 551 of the former Commercial CCommercial and Labour — Volume 9 · Source page ٣٤٨
  44. Principle 1995The principal's failure to disclose his capacity in contracts he concludes with third parties. This does not in itself render the agency fictitious. Reason therefor. - 348 - CommercialCommercial and Labour — Volume 9 · Source page ٣٤٨
  45. Principle 1996A bank deposit and a deposit earmarked for a particular task. The nature of each. - When the contract ceases to be a bank deposit regarded as a loan under which the bank acquires ownership of the money, so that it becomeCommercial and Labour — Volume 9 · Source page ٣٤٩
  46. Principle 1997Completion of performance of the agency. Its effect. The agent's obligation to render an account encompassing all acts of the agency. Its lapse. If the principal exempts him from it or the nature of the transaction or thCommercial and Labour — Volume 9 · Source page
  47. Principle 1998The agent's completion of performance of the agency. Its effect. He must render a detailed account to the principal encompassing all its acts. This obligation lapses through exemption by the principal or if the nature ofCommercial and Labour — Volume 9 · Source page
  48. Principle 1999Agency, whether general or special. The general rule is that it confers capacity upon the agent only to undertake the matters specified therein. His obligation to render a detailed account of all its acts, supported by dCommercial and Labour — Volume 9 · Source page
  49. Principle 2000The manager of a limited partnership. Liable to the company for faults he commits in management, even if slight. His liability to the company is contractual and to third parties is tortious. The manager appointed in the Commercial and Labour — Volume 9 · Source page
  50. Principle 2001Completion by the agent—or representative—of the performance of the agency or representation. Its effect. The obligation to submit a detailed account to the principal supported by documents. This obligation does not lapsCommercial and Labour — Volume 9 · Source page
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