Hi, How Can We Help You?

Kingdom of Saudi Arabia

img

INTRODUCTION

The Kingdom of Saudi Arabia is a member of World Intellectual Property Organization (WIPO) from May 22, 1982, World trade organization (WTO) since 11 December 2005 and Gulf corporation council (GCC) also. As well as some conventions like Berne Convention, Paris Convention, GCC Patent Law, Patent Law Treaty, Patent Cooperation Treaty

Intellectual property legislation includes royal decree No. M/51 of 26 Rajab 1435 (May 26, 2014) approving the trademarks law of GCC states (2016). Law of Patent, Layout – Designs of integrated circuts, Plan varieties and industrial designs (promulgated by royal decree No. M/27 of 29/5/1425H (July 17, 2004)). Copyright Law (promulgated by royal decree No. M/41 of 2 rajab, 1424 (Augest 30 th 2003)). Law of trademarks (promulgated by Royal Decree No. M/21 of 28 jamada 1 1423 (Augest 7, 2002)). Law on trade names (promulgated by royal Decree No.M/15, 12 Sha’ban 1420(November 20, 1999).

Intellectual Property matters are administered by the Industrial Property Office which is under the supervision of the Ministry of Economy and Commerce.

AFFILIATIONS

Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council.


Conventions: Berne Convention, Paris Convention, GCC Patent Law, Patent Law Treaty, Patent Cooperation Treaty.

Country Information

Capital and largest city: Riyadh
Official languages: Arabic
Government: Unitary Islamic absolute monarchy
Currency: Saudi riyal (SR) (SAR), (1 $ = 3.75 SR)
MORE ABOUT TRADEMARKS IN SAUDI ARABIA

LAWS

Saudi Arabia Trademark Law      Download

TRADEMARKS MUST CONTAIN THE FOLLOWING ESSENTIAL REQUIREMENTS TO BE REGISTERED IN SAUDI ARABIA

  • Distinctiveness

  • Non-descriptive of the goods and / or services

  • Not be a well-known term in the line of business, trade channels of the applicant

  • Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.

CLASSIFICATION

10th edition – single class application. Class 33, alcoholic goods in class 32, pork meat in class 29, and Christmas trees and related products in class 28 cannot be registered.

TRADEMARK SUMMARY

  • Multi-class filing system not applied

  • Time period for appeal against decision of objection for rejected files, is 60 days from notification

  • Accepted trademarks are published in the Official Gazette of trademarks upon grant of fee

  • Opposition period is 60 days from the date of publication

  • The assignment of a trademark or service mark can be recorded once the mark is registered in the country.

  • Change of Name / Address of the applicant must be recorded with the Trademark Registry

PROTECTION TERM

  • 10 Hijri years (approximately 9 years and 8 months) from filing date and renewable for like periods

  • A grace period of 6 lunar months from the date of expiry is allowed, but with the penalty

RIGHTS OF TRADEMARK OWNERS

Trademarks may be:

  • Transferred in whole or in part

  • Inherited

  • Assigned and licensed.

  • Mortgaged and creditors may seize such trademarks belonging to their debtors.

  • Licensed to natural or legal persons

  • Prevented from unauthorized usage by third parties

  • The subject of appropriate redressal from a court of law upon infringement

TRADEMARK USAGE IN SAUDI ARABIA

It is not compulsory to use the mark for filing applications or maintaining the registration in force. Continuous usage of the mark for 5 years post registration is necessary to avoid 3rd party claims on the mark.

Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeited mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law.

REQUISITES FOR TRADEMARK’S SERVICES

Trademark Filing Requirements

  • Power of Attorney duly notarized and legalized up to the Saudi Consulate. One Power of Attorney is sufficient for filing simultaneous and any future applications

  • In case of claiming priority, a certified copy of the priority application is to be filed within six months from the filing date of the foreign application. (A scanned colored copy of both the POA and priority document must be submitted at the time of filing)

Renewal Applications

  • Power of Attorney notarized and legalized up to the Saudi Consulate (Not applicable for existing clients)

  • The original Saudi registration certificate of the trademark for the endorsement purpose

Assignment Applications

  • Power of Attorney notarized and legalized up to the Saudi Consulate.

  • Legalized deed of assignment executed by the assignor and the assignee

  • The original Saudi registration certificate of the trademark for the purpose of endorsement

Merger/License Applications

  • Power of Attorney notarized and legalized up to the Saudi Consulate

  • A legalized certificate or merger or a copy of the license agreement.

  • The original Saudi registration certificate of the trademark for the purpose of endorsement

Collective and Quality Mark Applications

  • Power of Attorney filed with the full name and address of the applicant, duly notarized and legalized up to the Saudi Consulate

  • Two certified copies of the Articles of Association duly legalized up to the Saudi Consulate

  • Two certified copies of the system to be adopted by the applicant in controlling or examining the products along with a statement on the conditions and requirements to be available therein and the method of using the mark thereon duly legalized up to the Saudi Consulate.

PATENT INTRODUCTION & REQUIREMENTS

LAWS

Saudi Arabia Patent Law      Download

PATENT SUMMARY

  • Patent applications and patents may be searched by title, patentee name, priority/PCT number

  • Any patent application filed under GCC Patent Law is completely valid in Saudi Arabia

  • Patents are published in the Official Gazette after substantive examination and before grant

PROTECTION TERM

  • 20 years from the international filing date

ANNUITIES

  • Due annually and is payable the first 3 months of each calendar year following the year the patent application was filed

  • Grace period of 3 months for late payment, but with the penalty

REQUIREMENTS

For Filing the Patent Application:

  • Copy of International Publication

  • Copy of International Search Report (ISR)

  • Copy of Assignment (from WIPO)

  • Copy of priority document (from WIPO)

  • Specifications in English and Arabic

  • Drawings in English and Arabic

  • Sworn English translation of priority document

For Change of Name or Address:

  • Legalized POA, (If new name)

  • Extract from the commercial register or any other document evidencing this change duly legalized.

For Assignment:

  • Legalized POA

  • Deed of assignment duly legalized

  • POA may be submitted by assignee or assignor

Merger

  • Legalized POA

  • Legalized Certificate of merger.

COPYRIGHTS INTRODUCTION & REQUIREMENTS – SAUDI ARABIA

LAWS

Saudi Arabia Copyrights Law      Download

The provisions to provide legal protection to the copyright- related issues have been incorporated in Saudi Arabia in the shape of Royal Decree No. M/41 of August 30, 2003. Saudi Arabia is a member of the Berne Convention for the Protection of Literary and Artistic Works.

Copyright registration is possible for nationals and foreigners. The copyright law provides protection for original intellectual works of art in literature, science, arts and culture in general. The law provides protection irrespective of the value, type, manner of expression or purpose of the work. The author may assign the rights granted to him subject to prescribed terms and conditions.

DURATION

In general, the duration is the artist’s life with the addition of 50 years following the artist’s date of passing.

COPYRIGHT IS PROTECTED FOR;

  • Written works,

  • Phonographs and

  • Television and radio works for publication

  • Theater and musical pieces,

  • Television and radio works for publication,

  • Paintings

  • Maps and speeches

  • Sculpture and architecture,

INFRINGEMENTS & PENALTIES

Penalties include payment of fines of up to 250,000 Riyals (around 66,000 US Dollars), as well as legal prosecution resulting in a maximum of 6-months imprisonment terms.