Trademark registration and the other IP rights
Iam sure many of you have heard the term IP rights, short for Intellectual Property rights, that according to the World Intellectual Property Organization, “Intellectual Property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce”. IP rights have become so important with the rise of the internet in past decade since it is easier to use other people’s designs or work, therefore It is more important than ever to register to copyright your work. Today I will be answering questions related to the issue, especially useful for anyone that has a project or business idea coming up in the near future. Question: Can you please explain more about IP rights? What are they exactly?
Fajer: Intellectual Property rights split into three main categories: (1) Copyright: the right a “producer” has to prevent their work from being reproduced. The primary works that can be copyrighted are Literary, Dramatic. Musical, Artistic works. (2) Patents: A patent is a protected inventions, it has to be new, innovative and capable of industrial application for example a machine or an article of manufacture.
Fortunately there is a central office in the gulf for patents. (3) Trade Marks: Trade Marks are used as a mark of quality or origin and are used to inspire customer loyalty for example logo. So essentially Trade Marks are only for commercial use.
Question: If I am a start-up, what do I need to do to register my logo to make sure that it is not infringed?
Fajer: There are two places that you can register in, one is the National Library of Kuwait and the other is with the Ministry of Commerce. The reason you should go to both places to Trademark your logo is that the National Library is a lot more efficient and quicker where the Ministry of Commerce can take up to six months. With that said, the official place for commercial use is at the Ministry of Commerce. Also note there are quiet hefty fees for registering at the Ministry of Commerce. I have explained in brief the different IP rights and registration of Trademark in general. Next week we will continue with answering questions related to IP rights.
Questions or comments, email me at ask@fajerthelawyer.com