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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 officials recorded the following:

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

Unfortunately, relevant trade marks were not registered locally at the time of seizure, and Customs relied on rights-holder input to establish likelihood of infringement.

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

Legal basis and enforcement rationale

• Copyright as an alternative tool: Character artwork and associated visuals are copyright protected works. In the absence of local trade mark registrations, invoking copyright for border enforcement against unauthorised reproductions may work if presented credibly and if the rights-holder is known for generally resorting to copyright in addition to other IP rights. This may not work across the board, therefore a case by case approach is advisable.
• Reliance on foreign registrations: Registration certificates from major jurisdictions can serve as credible evidence of subsisting rights and ownership, possibly enabling application of border measures.
• Consumer-protection and labeling angles: The lack of compliance markings and traceable supply-chain information may indicate consumer deception risk, supporting forfeiture. That said, it needs to be considered on a case by case basis.

Outcome 

On 17 September 2025, a seizure report was issued, and Kuwait Customs conducted a filmed destruction – a first-of-its-kind precedent for this category in Kuwait. The video material 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 possibility of 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: This case 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 

• Keep evidence ready: Maintain up-to-date copyright registrations, chain-of-title documents, and specimen artwork.
• Codify authenticity markers: Provide Customs with quick-reference guides on authorised licensee identifiers, packaging tells, and quality benchmarks.
• Use multi-right strategies: Where trade marks are not locally registered (trade mark rights are always the most reliable enforcement basis), copyright, and other protection frameworks may be attempted.
• Invest in partnerships: Training and clear points-of-contact help accelerate authenticity confirmations and forfeiture decisions.
• 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 progress in IP enforcement in Kuwait. By acting on clear indicia of unauthorised character use and leveraging copyright with rights-holder confirmation, Kuwait Customs delivered a swift, well-documented result that strengthens marketplace integrity – especially in the back-to-school trade. 

This article first appeared on the MARQUES Class 46 Blog.