It is reported that Kuwait has intensified its measures to combat copyright piracy through the enactment of the Copyright and Related Rights Law in 2019, along with the corresponding implementing regulations. However, there are reports indicating that certain provisions of the new copyright law still lack clarity, particularly regarding specific definitions and the extent of protection.
Furthermore, it is reported that there are still areas that require improvement. This includes the need for enhanced outreach and communication with trademark and copyright owners, implementing a modern customs recordation system, and better coordination in investigations and enforcement actions among relevant authorities. Concerns also persist regarding the lack of publicly available IP enforcement procedures, transparency in the fate of seized counterfeit and pirated goods, and the absence of adequate legal consequences for vendors and importers of such goods due to prolonged court cases, inconsistent judicial decisions, and inadequate penalties that fail to deter repeated offenses.

Kuwait has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Kuwait is a party to the Patent Cooperation Treaty (PCT).

Kuwait has a copyright regime under the Copyright and Related Rights Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 31 lists the exceptions, which include citing paragraphs of that work in another work, provided that the citation is in line with current practice and is not essential, and to the extent justified by the desired goal, and to mention the source and the name of the author, and this applies to press abstracts transferred from newspapers and periodicals; transfer of short excerpts from previously published works, drawings, photographs, designs or maps to textbooks prepared for the curricula and to history, literature and the arts, provided that such transfer shall be as necessary, provided that the source and the name of the author are mentioned; among others.

Following the implementation of Patent Law No. 71 2013 and implementing Regulations 115/2016, the Kuwaiti Patent Office stopped accepting national patent applications in 2016. The patent regime reflects the regime in place under the Gulf Cooperation Council (GCC). Patents are granted by the GCC Patent Office to the owner of the invention under the GCC Patent Regulation Decree and By-Law of 1992 and is valid in all the states of the GCC. A patent is granted to an invention that is new, innovative, and industrially applicable. On top of that, it must not contradict with the rules of Islam, public order, or public ethics in the GCC states whether this relates to products, manufacturing operations or manufacturing methods. A patent applicant filed by a non-GCC resident must appoint a registered agent who is resident in the GCC to represent them in carrying out their activities (Art. 6). Furthermore, the official language in all GCC states is Arabic. No other language is accepted.

The Foreign Direct Investment Law of 2013 established the Kuwait Direct Investment Promotion Authority (KDIPA) to solicit investment proposals, evaluate their potential, and assist foreign investors with licensing. Article 14 sets forth a license scheme for foreign direct investment. The Board of KDIPA examines investment proposals against the criteria, principles and assessment rules established by the Board regarding each of the cases set forth in this law. Investment through establishment of a new enterprise, a foreign branch, and a regional representative office must go through the license scheme (Art. 12).
In 2019, KDIPA issued Decision No. 329 of 2019 regarding the mechanism for evaluating investment license applications and granting benefits. It is reported that, in approving applications from foreign investors seeking full ownership, KDIPA prioritizes local job creation, the provision of training and education to Kuwaiti citizens, technology transfer, diversification of national income sources, contribution to exports, support for small- and medium-sized enterprises, and the utilization of Kuwaiti products and services.

During the establishment process under Companies Law No. 1 of 2016, the manager of a limited liability company can either be a Kuwaiti national or a Gulf Cooperation Council national. The manager can also be a foreign national, but he/she must hold a valid residence in Kuwait. If a foreign national is appointed as a manager, the company will have a temporary licence until he/she transfers his/her residence to the new company, which must be achieved within three months.

Arts. 23 and 24 of Law No. 68 require foreign entities conducting business in Kuwait to do so either through a local agent or a Kuwaiti partner, which is typically facilitated through the establishment of a Kuwaiti company with Kuwaiti participants owning at least 51% of the share capital. An exception to these restrictions on foreign ownership is when the relevant Kuwaiti company is established and licensed under the Law No. 116 (Art. 12), which allows for increased levels of foreign ownership (up to 100%). Law No. 116 permits the Kuwait Direct Investment Promotion Authority (KDIPA) to authorize, on a case-by-case basis, up to 100% foreign ownership in the following industries: communications infrastructure; information technology and software development; entertainment, investment management, among others. Although a Kuwaiti or Gulf Cooperation Council (GCC) national must own at least 51% of any local company, this requirement may be waived if non-GCC investors qualify to invest through KDIPA. A 2017 amendment to the 2016 Companies Law eliminated prohibitive requirements on limited liability companies.

Kuwait is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.

The Public Tenders Law No. 49 of 2016 governs public procurement from the government. Art. 31 requires bidders to be a Kuwait individual or company registered in a commercial register. Art. 87 of the law imposes a local content requirement on foreign bidders to purchase not less than 30% of the goods from local suppliers. In addition, Art. 62 creates a preference scheme in favor of national products or products from the Gulf Cooperation Council member countries.

It is reported that the process that manufacturers must undertake to pre-qualify new technologies by the government is lengthy and burdensome, and lacks transparency. It is also reported that the often-lengthy procurement process in Kuwait occasionally results in accusations of attempted bribery or the offering of other inducements by bidders.

Kuwait is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).

Korea has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Korea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.