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 are 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 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 a resident of 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.

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 mentions 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.

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

Kuwait has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Kuwait lacks a comprehensive regime for the protection of trade secrets.

It is reported that in Kuwait's telecommunications market, passive infrastructure sharing is practised in fixed networks based on both mandatory regulations and commercial agreements. On the other hand, passive infrastructure sharing in mobile networks is practised but only on the basis of commercial agreements.

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 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 authorise, 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 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).

The Public Tenders Law No. 49 of 2016 governs public procurement from the government. Art. 62 creates a preference scheme in favour of national products or products from the Gulf Cooperation Council (GCC) member countries. It is reported that Kuwait provides a 15% price preference for domestic and GCC goods.

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 imposes a local content requirement on foreign bidders to purchase not less than 30% of the goods from local suppliers and, in addition, subcontract at least 30% of the work to domestic contractors - where such contractors are available.

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

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 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 authorise, on a case-by-case basis, up to 100% foreign ownership in the following industries: communications infrastructure, information technology and software development, entertainment, and 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.

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.