Hot on the heels of the publication of the USTR Special 301 report last month in wish Kuwait remained on the Special Watch List in part due to not having passed a new Copyright Law, news reaches this part of the Empty Quarter that the National Assembly in Kuwait approved the draft law yesterday.
The Special 301 report (here) says:
"Kuwait remains on the Priority Watch List in 2016. Kuwait was elevated from the Watch List in November 2014 at the conclusion of an OCR, because Kuwait failed to introduce to the National Assembly a copyright law consistent with international standards, and had not resumed effective enforcement against copyright and trademark infringement. Although Kuwaiti officials initially took steps to resume enforcement following the announcement of the 2014 OCR, effective enforcement actions have reportedly significantly decreased since June 2015, particularly against trade in counterfeit goods. The United States awaits improvements in copyright and trademark enforcement and the passage of long-overdue copyright legislation that is consistent with Kuwait’s international commitments. The United States stands ready to work with Kuwait toward resolving these important issues."
The Arab Times online (here) reports:
"KUWAIT CITY, May 10: The National Assembly unanimously approved the draft law on copyright and related rights in the first and second deliberations on Tuesday. Information Minister and State Minister for Youth Affairs Sheikh Salman Al-Sabah thanked the Parliament for adopting the law, considering its importance in the culture of Kuwait.
According to the report of the Educational, Cultural and Guidance Affairs Committee, Kuwait joined several regional and international conventions on intellectual property rights because of the need to protect copyright and related rights.
The law consists of 45 articles in three chapters. Article One defines ‘written work’ as every innovative literary, artistic or scientific work or a way of expression with significance or purpose. The same article defines ‘related rights’ as the rights inherent in the author’s copyright and anything similar in some respects (right of public performance, the right of producers of phonograms or right of broadcasting institutions).
Article Two states that protection accorded to copyright and related rights covers natural and legal persons — Kuwaitis, foreigners who are permanent residents in the State of Kuwait and foreigners from any of the member-States in the Berne Convention for the protection of literary and artistic works or in the World Trade Organization and others.
Article Four enumerates cases where protection is not applied as per the law.
Article Five states that national folklore is owned by the public so the National Council for Culture, Arts and Literature must fully support such works.
Article Six stipulates that the moral rights of the author and his general successor over his written books is permanent and cannot be waived or confiscated.
Article Eight gives authority to the National Council for Culture, Arts and Literature to exercise the moral rights provided for in Article Six if the author dies without an heir, as well as the works of unknown authors.
Article 37 grants the customs authorities the right to order non-customs clearance for goods if any of the protected rights is violated. Article 38 mandates the Kuwait National Library to establish a register for depositing works, sound recordings, radio shows and performances, while the executive regulations should determine procedures and rules in this regard.
Article 39 stipulates the right of the concerned persons to lodge a complaint against decisions on refusal to register and deposit works.
Article 40 states that the Public Prosecution has the sole authority to investigate, act and prosecute in all crimes arising from the application of the law within the jurisdiction of the Criminal Division in the High Court to look into criminal proceedings stipulated in this law and allows submission of an appeal regarding its ruling."
The Special 301 report (here) says:
"Kuwait remains on the Priority Watch List in 2016. Kuwait was elevated from the Watch List in November 2014 at the conclusion of an OCR, because Kuwait failed to introduce to the National Assembly a copyright law consistent with international standards, and had not resumed effective enforcement against copyright and trademark infringement. Although Kuwaiti officials initially took steps to resume enforcement following the announcement of the 2014 OCR, effective enforcement actions have reportedly significantly decreased since June 2015, particularly against trade in counterfeit goods. The United States awaits improvements in copyright and trademark enforcement and the passage of long-overdue copyright legislation that is consistent with Kuwait’s international commitments. The United States stands ready to work with Kuwait toward resolving these important issues."
The Arab Times online (here) reports:
"KUWAIT CITY, May 10: The National Assembly unanimously approved the draft law on copyright and related rights in the first and second deliberations on Tuesday. Information Minister and State Minister for Youth Affairs Sheikh Salman Al-Sabah thanked the Parliament for adopting the law, considering its importance in the culture of Kuwait.
According to the report of the Educational, Cultural and Guidance Affairs Committee, Kuwait joined several regional and international conventions on intellectual property rights because of the need to protect copyright and related rights.
The law consists of 45 articles in three chapters. Article One defines ‘written work’ as every innovative literary, artistic or scientific work or a way of expression with significance or purpose. The same article defines ‘related rights’ as the rights inherent in the author’s copyright and anything similar in some respects (right of public performance, the right of producers of phonograms or right of broadcasting institutions).
Article Two states that protection accorded to copyright and related rights covers natural and legal persons — Kuwaitis, foreigners who are permanent residents in the State of Kuwait and foreigners from any of the member-States in the Berne Convention for the protection of literary and artistic works or in the World Trade Organization and others.
Article Four enumerates cases where protection is not applied as per the law.
Article Five states that national folklore is owned by the public so the National Council for Culture, Arts and Literature must fully support such works.
Article Six stipulates that the moral rights of the author and his general successor over his written books is permanent and cannot be waived or confiscated.
Article Eight gives authority to the National Council for Culture, Arts and Literature to exercise the moral rights provided for in Article Six if the author dies without an heir, as well as the works of unknown authors.
Article 37 grants the customs authorities the right to order non-customs clearance for goods if any of the protected rights is violated. Article 38 mandates the Kuwait National Library to establish a register for depositing works, sound recordings, radio shows and performances, while the executive regulations should determine procedures and rules in this regard.
Article 39 stipulates the right of the concerned persons to lodge a complaint against decisions on refusal to register and deposit works.
Article 40 states that the Public Prosecution has the sole authority to investigate, act and prosecute in all crimes arising from the application of the law within the jurisdiction of the Criminal Division in the High Court to look into criminal proceedings stipulated in this law and allows submission of an appeal regarding its ruling."
No comments:
Post a Comment