Critical Analysis of the Legality of Kuwait’s Boycott of Israeli Trademark in Light of TRIPS Agreement

Nawaf Alyaseen

 

Abstract: One of the most important aims of the World Trade Organisation (WTO) is ensuring the free flow of goods and services across the world and reducing discrimination between foreign and domestic products through the adoption of national treatment and most favoured national principles. These rules facilitate cooperation between the WTO Member States and establish a common legal ground to promote multilateral relations and universal investment. However, these goals are impeded by international military conflicts and political violence, which negatively impact cooperation between members of the WTO. Economic boycotts at a government level as a response to military and political events are deeply rooted in history. In recent times, they have emerged as a response to the Israeli-Palestinian conflict, which is considered central to the conflict in the Middle East. Economic boycotts of the Israeli trademark and products in a number of Arab countries by governments and consumers have significantly impacted economic cooperation in the Middle East. This article examines the impact of international disputes on economic cooperation between the members of the WTO through a case study of the Kuwaiti legal framework, specifically public policy and morality for boycotts of Israeli products. This article argues that the WTO Agreements do not take a strict position on economic boycotting between the members as the WTO allows them to invoke public policy and moral principles as legitimate reasons for refusing the registration or protection of trademarks from other Member States. However, economic boycotts remain a contentious subject that warrants further clarification from different perspectives as to whether they are in conflict with the aims of the WTO or constitute a breach of its obligations.