Sara Omran and Slobodan Petosevic report on a recent enforcement action in Kuwait.

Kuwait Customs intercepted a consignment of children’s stationery items imported from China that displayed unauthorised reproductions of famous characters and visual elements.

On inspection, Customs recorded the following:

1. No copyright notices: None of the items bore the © symbol or any reference to the underlying copyrights.
2. No licensee/distributor identification: Packaging lacked an authorised manufacturer, licence number, company name or verifiable contact details.
3. Quality concerns: The items were of very low quality, inconsistent with the standards of genuine licensed merchandise.

Because certain relevant trade marks were not registered locally at the time of seizure, Customs relied on copyright registrations (supported by rights-holder input) to establish ownership of the character and artwork rights.

The rights holder confirmed the goods were not genuine or licensed. This position was conveyed to Customs and forfeiture requested.

Legal basis and enforcement rationale

• Copyright as a primary tool: Character artwork and associated visuals are protectable works. Even in the absence of local trade mark registrations, copyright provides a robust legal basis for border enforcement against unauthorised reproductions.
• Reliance on foreign registrations: Registration certificates from major jurisdictions can serve as persuasive evidence of subsisting rights and ownership, enabling swift border measures.
• Consumer-protection and labelling angles: The lack of compliance markings and traceable supply-chain information indicates consumer deception risk, supporting forfeiture.

Outcome

On 17 September 2025, the seizure report was issued, and Kuwait Customs conducted a filmed destruction – a first-of-its-kind precedent for this category in Kuwait. The outcome has been circulated among enforcement agents and will serve as a benchmark for future actions.

Destruction inventory (as reported by Kuwait Customs)

• Water cups (various character themes): 637 items
• Sketchbooks (various character themes): 240 items

(Specific character themes are withheld for confidentiality; counts reflect the filmed destruction log.)

Why this matters

• Precedent value: The case demonstrates decisive use of copyright-based border measures, even where local trade mark portfolios are incomplete.
• Deterrence effect: Public-sector sharing of outcomes increases operational awareness and discourages imports of low-quality, unlicensed character merchandise.
• Regional signal: It aligns Kuwait’s practice with international norms on rights-holder verification and border forfeiture across the children’s goods and FMCG sectors.

Practical takeaways for rights holders

1. Keep evidence ready: Maintain up-to-date copyright registrations, chain-of-title documents, and specimen artwork.
2. Codify authenticity markers: Provide Customs with quick-reference guides on authorized licensee identifiers, packaging tells, and quality benchmarks.
3. Use multi-right strategies: Where trade marks are not locally registered, combine copyright, passing off/unfair competition, and consumer-protection frameworks.
4. Invest in partnerships: Training and clear points-of-contact help accelerate authenticity confirmations and forfeiture decisions.
5. Document outcomes: Encourage post-action reporting and, where appropriate, filmed destruction to build institutional memory and deterrence.

Conclusion

The August 2025 seizure and subsequent filmed destruction mark a significant advance in IP enforcement in Kuwait. By acting on clear indicia of unauthorised character use and leveraging copyright registrations with rights-holder confirmation, Kuwait Customs delivered a swift, well-documented result that strengthens marketplace integrity – especially in the back-to-school trade.

By Sara Omran, Head of Anti-counterfeiting at CWB, and Slobodan Petosevic, COO at CWB. Slobodan is a member of the MARQUES Copyright Team. CWB represented the brand owner in this matter. Picture provided by the authors.