Intellectual Property
Saudi Arabia is a member or signatory of a number of key international treaties and conventions on intellectual property, including:
Convention Establishing the World Intellectual Property Organization (22 May 1982)
Berne Convention for the Protection of Literary and Artistic Works (11 March 2004)
Paris Convention for the Protection of Industrial Property (11 March 2004)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (29 May 2012)
Patent Cooperation Treaty (3 August 2013)
Patent Law Treaty (3 August 2013)and
Madrid Convention (December 2023).
The Saudi Authority for Intellectual Property (“SAIP”) is the government agency responsible for the administration and regulation of intellectual property rights in KSA, noting that SAIP was established by a royal decree in 2017.
SAIP is the central authority for the registration of various forms of intellectual property, including trademarks, copyrights, industrial designs, and patents. It oversees the application process and grants protection to eligible rights holders.
Additionally, SAIP is responsible for all administrative enforcement of intellectual property rights and is the liaison for intellectual property rights with the KSA Customs Authority (i.e. they receive all notices regarding suspicious products which might be counterfeit).
Most recently, the KSA has adopted the unified Gulf Cooperation Council (“GCC”) Trademark Law (effective in September 2016) (the “Trademark Law”) and is also a member of the GCC Patent Law and GCC Customs Law, which helps harmonize IP practices in the participating GCC countries including KSA. The GCC Trademarks Law are unified law uniformity between the local trade mark laws of each of the GCC member states namely: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates.
The GCC Trademarks Law defines a trade mark as:
“Anything having a distinctive form such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, packs or any other mark or group of marks if used or intended to be used either to distinguish goods, products or services of a facility from other facilities or to indicate the rendering of a service or the control of inspection of goods or services. The voice or odour can be considered as a trademark.”
The Trademark Law is a unified trademark law that governs trademark registration and protection across the member states of the GCC. Other features of the GCC Trademark Law include:
Claim of priority, based on an earlier-filed foreign application, is possible.
Trademark applications accepted by the relevant registrar will be published for opposition purposes, noting that oppositions must be filed within 60 days from publication date;
Trademark registrations are valid for 10 years from filing date and are renewable for similar periods, noting that there is a grace period of six months for late renewals.
A trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of five consecutive years after registration.
The Trademark Law recognizes trademarks that are well-known in the GCC member states and shall ensure protection thereof even if the marks are not registered; and
The Trademark Law gives the right to trademark owners to initiate civil and criminal actions against any infringing party. Penalties include a maximum of five-year imprisonment and payment of fines of up to US$270,000.
Trademarks in KSA are registered with SAIP. The registration process involves submitting an application with the necessary documents, representation of the trademark, and a list of goods or services, and paying the required fees. SAIP will then assess if the mark is distinctive and does not conflict with existing trademarks. If the examination is successful, the trademark application will be published in the official gazette for a period of 60 days. During this time, third parties have the opportunity to file oppositions if they believe the trademark should not be registered. If no oppositions are successful, the trademark is registered, and a certificate is issued.
The basic filing requirements for a trade mark in Saudi Arabia are:
Name and address of applicant (and copy of evidence of incorporation for corporate applicants);
List of goods and services;
Soft copy of the trade mark; and
An attested Power of Attorney in favour of the authorized agent responsible for submitting the application.
As of Q2 of 2023, as per the statistics issued in the report issued by SAIP, they had approximately 21,500 applications filed, and approximately 15,000 trademarks registered.
It is worth noting that all decision issued by SAIP are subject to appeal before the Commercial Court which have exclusive jurisdiction over intellectual property related claims. Additionally, the decision of the Commercial Court is subject to appeal before the Court of Appeal pertaining to the Commercial Court.
Infringement of trademarks may attract fines and imprisonment, as well as an award of damages and other remedies. Claims for compensation may be made by the trade mark owner or by anyone who has suffered loss as a result of the infringer’s actions. There is also a provision for the owner of the trademark to apply for ‘precautionary measures’, such as the seizure of goods and papers (including imported items), prior to the commencement of any civil or criminal lawsuit to enforce the owner’s trade mark rights.
As of Q2 of 2023, as per the statistics issued in the report issued by SAIP, the number of trademark related court cases filed was approximately 500 cases. On the other hand, there has been 1,100 complaints regarding trademark infringements, 9,300 raids on infringing products and 1,200 enforcement visits.
Copyright in KSA covers original literary, artistic, and scientific works, including books, music, paintings, and computer programs. It provides the creator with exclusive rights to reproduce, distribute, and display their work.
The duration of copyright protection varies depending on the type of work. For example, literary and artistic works are protected during the author's lifetime and for 50 years after their death. If the work has multiple authors, the duration of protection extends to the lifetime of the last surviving author plus 50 years. For anonymous or pseudonymous works, protection lasts for 50 years from the date of first publication. Protection for related rights (e.g., performances, phonograms, and broadcasts) lasts for 50 years from the end of the year in which the performance, phonogram, or broadcast took place.
KSA follows a system where copyright protection is granted automatically upon the creation of an original work. While registration is not mandatory, it can serve as evidence in legal proceedings.
As of Q2 of 2023, as per the statistics issued in the report issued by SAIP, they had approximately 700 applications filed, and approximately 375 copyrights registered.
If a creator wishes to grant specific permissions to others to use their work, they can enter into licensing agreements that outline the terms and conditions of use.
In relation to Infringement Liability, we note the following:
Any person who obtains an original copy of any intellectual work and exploits it by means of renting, adaptation or permitting others to copy or reproduce it or any other acts which affect or obstruct the author from exercising his rights shall be deemed to have infringed the Copyright;
Entities shall be deemed liable for any violations committed by an employee against any intellectual work if their knowledge or negligence is established; and
Anyone who reproduces, sells, imports, exports, transports, publishes or rents protected works with knowledge of the violation shall be deemed to be committing an infringement of copyright and in violation of the provisions of the Law and the relevant Regulations.
The copyright owner or his representative is entitled to claim compensation for damages incurred as the result of the infringement of any of his rights protected by law.
As well as the Berne Convention, Saudi Arabia is a member of the Universal Copyright Convention.
SAIP is the authority responsible for the enforcement of copyrights and issue decisions accordingly. It is worth noting that all decision issued by SAIP are subject to appeal before the Commercial Court which have exclusive jurisdiction over intellectual property related claims. Additionally, the decision of the Commercial Court is subject to appeal before the Court of Appeal pertaining to the Commercial Court.
As of Q2 of 2023, as per the statistics issued in the report issued by SAIP, the number of copyright related court cases filed was approximately 60 cases.
At the time of writing, KACST is responsible for administration of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs 2004. KACST’s General Directorate of Patents operates as the Patent Office in Saudi Arabia. It has responsibility for processing applications for patents, as well as industrial designs, plant variety rights and layout designs for integrated circuits. This responsibility is due to be transferred to SIPA, which will ultimately become the official registry for all intellectual property rights in the Kingdom.
To be eligible for a Saudi patent, an invention must be new, involve an inventive step, and be industrially applicable. The description must disclose the invention in a manner sufficiently clear to enable the invention to be performed by a person having ordinary skill in the art, and the claims must be clear, concise and fully supported by the description. Novelty is absolute; and inventive step is assessed with regard to whether or not, having regard to what was known at the priority date, the claimed invention would have been obvious to a person having ordinary skill in the art to which the invention relates. If granted, and subject to on-going payment of annuities, a Saudi patent typically lasts for 20 years from the date of filing.
The following are not patentable inventions pursuant to Saudi law:
Plant varieties, animal species, or biological methods of producing plants or animals (although some exceptions apply in respect of micro-organisms, non-organic and micro-biological processes);
Diagnostic methods, treatments and surgical operations needed for humans and animals;
Discoveries, scientific theories and mathematical methods;
Schemes, rules or methods followed to conduct business or perform mental activities or play games;
Inventions the commercial exploitation of which may lead to violation of the public order or morals;
Inventions whose commercial exploitation is harmful to life, to human, animal, plant health or environment.
Basic filing requirements required at the time of application for a Saudi patent are as follows:
Names and addresses of applicant/s and inventor/s;
Details of home/foreign applications;
One copy of abstract, specification and claims in English, along with Arabic translation;
Two sets of drawings (one set without numbering) if any.
Up to one month after application, it is necessary to submit a Power of Attorney, as well as a Deed of Assignment from inventor to applicant (if applicable). Both these documents need to be legalized up to the Saudi Embassy in the relevant country. If convention priority is claimed, a certified copy of the priority document (no legalization required) needs to be submitted within 90 days of the application.
Saudi Arabia acceded to the Patent Cooperation Treaty (PCT) in 2013, so it is possible to obtain a Saudi patent by filing for National Phase Entry from a foreign PCT application.
Separate to the national patent process in Saudi Arabia, it is also possible to apply for a GCC Patent, via the GCC Patent Office. The GCC Patent system provides a convenient way for applicants to secure patent rights in each of the GCC member states. The GCC Patent Office was established in Riyadh in 1998, in furtherance of the GCC’s objectives to foster scientific and technical progress, facilitate transfer of technology, and boost economic growth in the region. The GCC Patent system is not part of the PCT, nor is it a member of the Paris Convention. However, the GCC Patent Office honours the Paris Convention priority rules, and a GCC Patent application can claim priority from a prior convention application as if the GCC were a signatory to the Paris Convention.
As the importance of a knowledge-based economy quickly emerges in Saudi Arabia, Intellectual Property (IP) assets will play an increasing role. This pertains to both the licensing of third-party IP rights into the Kingdom and the development and utilization of IP within the country. Understanding the best methods to safeguard IP rights in Saudi Arabia is crucial.
The protection of IP rights begins with awareness, as there are related-IP risks the emerge on a day-to-day basis and occur within every organization. Whether these are trademark rights in brands, copyright in software, or patent rights in chemical compounds, the path to protection can only begin once there is an understanding of the types of rights that are being created and which are capable of being protected.
Trademarks, copyright works, patents, industrial designs, and domain names are all capable of being protected in Saudi Arabia and there is an established legal framework the supports the registration and recording of these valuable IP rights.
There are several ways to protect Intellectual Property (IP) rights in Saudi Arabia. Here are some of the best practices and strategies:
Conducting a comprehensive Intellectual Property Rights (IPR) search serves as an initial step in protecting IP assets. This involves researching existing patents, trademarks, and copyrights to ensure that the intended IP is not already claimed by others. By conducting thorough searches, businesses and individuals can avoid potential infringement issues and strengthen their position when applying for IP protection.
Intellectual Property rights in Saudi Arabia, including patents and trademarks, necessitate formal registration with SAIP to establish legal ownership and prevent infringement.
Utilize NDAs and confidentiality agreements to safeguard sensitive information and trade secrets, particularly in corporate dealings and employment contracts.
Implement regular monitoring to detect and prevent IP infringements such as counterfeiting and unauthorized use of trademarks and copyrighted materials.
In Saudi Arabia, SAIP has the authority to impose IP laws and rules. Protecting your IP rights and discouraging others from breaching them can be accomplished by pursuing legal action against infringers through SAIP or other legal channels.
The Saudi Intellectual Property Authority was created by Royal Decree in late 2017. Once fully established and operational, it goes under one umbrella, the following IP functions:
Copyright, previously the responsibility of the Ministry of Culture and Information.
Trademarks, previously the responsibility of the Ministry of Commerce and Investment.
Patents, previously the responsibility of the King Abdulaziz City for Science and Technology
The creation of the Saudi Intellectual Property Authority is an important move by the Kingdom to recognize the interconnection between these key IP rights and it will allow the registration of these rights to be managed in a more effective and streamlined manner. One of the stated functions of the Authority is "promoting the benefit of Intellectual Property to build an advanced economy based on knowledge". This resonates with the very changes that we are seeing in the dynamic economy of Saudi Arabia.
Advice and information on how to protect Intellectual Property rights, including details on how to register patents and trademarks.
Companies based outside the Kingdom of Saudi Arabia ought to have an all-encompassing plan for the management of their Intellectual Property (IP) in Saudi Arabia and for the reduction of the risk of IP infringement. The Saudi Arabian government does not guarantee the same Intellectual Property rights or the same level of protection that businesses have come to expect in other Western markets. For most rights to be enforced, they need to be registered in the country in accordance with the laws there. For instance, registering a trademark outside the kingdom of Saudia Arabia will not afford you any protection in Saudi Arabia, unless it is well-known mark or has been used for a considerable time in the Saudi Kingdom.
Most recently, Saudi Arabia adopted the unified Gulf Cooperation Council (GCC) Trademark Law (effective in September 2016), and the country is also a member of the GCC Patent Law and GCC Customs Law. These laws help to harmonize Intellectual Property (IP) practices in Saudi Arabia, Kuwait, Qatar, Oman, and Bahrain, as well as in the United Arab Emirates. In Saudi Arabia, trademark registration is determined by who files their application first. Before putting your goods or services on the market, you need to first consider how to go about securing trademark protection for them and any other related IPR’s.
It is essential for businesses to have a solid understanding of the fact that Intellectual Property is primarily a private right, and that the governments that are outside the Kingdom of Saudia Arabia cannot assert rights in Saudi Arabia on behalf of private individuals. The holders of the rights are the ones who are responsible for registering, protecting, and enforcing those rights (where it is applicable), and doing so may require them to retain their own legal counsel and other advisors. Businesses may find it beneficial to consult with local attorneys or Intellectual Property consultants who are knowledgeable in the Intellectual Property laws of Saudi Arabia. When it comes to fully protecting their legal interests possible, companies based outside the Kingdom of Saudia Arabia should collaborate with the law firm or IP agent in their immediate area.
In 2017, Saudi Arabia established the "Saudi Authority for Intellectual Property" (SAIP) to consolidate all the different IP departments under one umbrella and to lead an IP national strategy including the updating of rules and regulations, the provision of IP products and services in a timely and high-quality manner, and the promotion of IP awareness for all stakeholders – including inventors, creators, entrepreneurs, and consumers – as well as the coordination of IP enforcement. In addition, the Saudi Authority for Intellectual Property (SAIP) was given the responsibility to register and protect IPR’s.
There have been some significant recent developments around Intellectual Property (IP) in Saudi Arabia. Here are some of the major ones:
New Law: In 2023, Saudi Arabia implemented a new Civil Transaction Law, that covers 700 articles and one of the important ones is Intellectual Property Law, how does the Saudi Laws protect IP’s rights. According to P1,2 from article 138 from this law states that “Compensation for the harmful act includes moral compensation. Moral damage includes what is inflicted on a normal personal, such as sensory or psychological harm”. That said, Saudi laws aims to protect all the rights in order to avoid any harmful to the normal persons in terms of their rights.
IP Offices and Legislation: SAIP was established in 2017 as a regulatory body responsible for managing and protecting IP assets in the country. Since then, SAIP has issued various regulations and guidance documents to provide more clarity around IP laws and procedures.
Copyright Protection: In 2019, Saudi Arabia became a member of the Berne Convention for the Protection of Literary and Artistic Works, which ensures that Saudi Arabian works are protected internationally. This move is expected to encourage more creativity and innovation in the country and help Saudi Arabian creators protect their works globally.
Counterfeiting and Piracy: Saudi Arabia has also been taking steps to crack down on counterfeiting and piracy. In 2020, the Saudi Arabian government launched a campaign to combat the sale of counterfeit goods in the country, particularly online. The campaign aims to protect consumers from harmful and fake products and to support legitimate businesses.
These recent developments indicate that Saudi Arabia is committed to improving its IP laws and regulations and creating a more supportive environment for innovation and creativity.
Saudi Arabia's new National Intellectual Property Strategy (NIPS) was launched in 2020 and aims to enhance the country's innovation ecosystem and promote economic growth through IP protection and commercialization. The NIPS includes five main pillars:
IP legal framework: Strengthening and modernizing Saudi Arabia's IP laws and regulations to align them with international best practices, including patent and trademark laws, copyright laws, and trade secret protection.
IP awareness and education: Raising awareness and promoting education on IP rights among various stakeholders, including entrepreneurs, researchers, investors, and the general public.
IP commercialization: Encouraging and incentivizing the commercialization of innovative products, services, and technologies, through various means such as licensing, technology transfer, and patent pooling.
IP enforcement: Improving the effectiveness and efficiency of IP enforcement mechanisms through the establishment of specialized courts and the development of law enforcement agencies.
International cooperation: Enhancing international cooperation and partnerships on IP issues to leverage the expertise and resources of foreign countries, organizations, and institutions for the benefit of Saudi Arabia's innovation ecosystem.
The NIPS also includes specific initiatives and programs to support each of these pillars, such as the establishment of a national patent office, the creation of IP incubators and accelerators, the promotion of IP-based financing and venture capital, and the development of a national IP database and online registration system. The overall goal of the NIPS is to create a vibrant innovation ecosystem in Saudi Arabia that attracts domestic and foreign investment, fosters creativity and entrepreneurship, and contributes to sustainable economic growth.
The primary tenets of the strategy encompass a wide variety of domains as well as stages of development. It seeks to build an Intellectual Property system that encourages and supports creativity, and that maximizes the benefits that these bring to the economy. To do this, it will establish an Intellectual Property value chain that stimulates competitive innovation and creativity, and that supports economic growth. This will allow the system to accomplish its goal of building an Intellectual Property system that encourages and supports innovation and creativity. The Kingdom will be able to establish itself as a leader in the field of Intellectual Property rights because of such growth.
During the launch, the crown prince expressed his hope that the strategy, which has already been approved by the Saudi Cabinet, will stimulate creativity and innovation within the Kingdom over the course of the next five years.
Protection, generation, management, and commercial investment are the four cornerstones that support the National Intellectual Property Strategy. By putting these pillars into action, the goal is to strengthen the Kingdom's capacity to develop Intellectual Property assets that have both economic and social value.
Officially, it is recognized that a clear mechanism for encouraging, attracting, managing, and developing creativity is required to promote the development of intellectual property. This recognition is based on the significance of intellectual property, the creative minds of young innovators in a variety of fields, and other advantages that provide a competitive advantage.
Protection is now considered to be one of the most important pillars of the strategy because of the support that has been put in place for the generation and management of talent. The provision of a framework that offers protection for intellectual property, promotes respect for Intellectual Property rights, and enhances the value of safeguards on creative rights is among the goals of this initiative, which aims to revitalize the market economy. Laws and regulations will, of course, be enacted to facilitate this goal, and those who violate these laws and regulations will be subject to financial fines and other forms of punishment.
Building on the nation's own investment in its smart city megaprojects, such as The Line and NEOM, and other plans with innovation and creativity at the core of their designs, as well as the Kingdom's strategically important geographical location and robust digital infrastructure, the commercial investment pillar is intended to contribute to growth and investment in the Kingdom. This will be accomplished by capitalizing on the Kingdom's strong digital infrastructure.
This pillar's goal is to improve competitiveness while also enabling and facilitating the provision of the associated products and services that are necessary to maximize results.
Each pillar contains initiatives that have been delegated to different government agencies. These initiatives will be evaluated on a regular basis in accordance with a governance framework that outlines all the relevant roles and responsibilities.
On February 15, 2024, In alignment with the launch of the National Strategy for Intellectual Property by His Highness the Crown Prince, the Public Prosecution Council has officially sanctioned the establishment of the Intellectual Property Prosecution. This significant development stems from collaborative efforts to realize the objectives and pathways outlined in strengthening the intellectual property enforcement ecosystem. The decision to form the intellectual property prosecution underscores our commitment to safeguarding rights and fostering an environment conducive to innovation and knowledge. This initiative is a pivotal step towards enhancing the effectiveness and efficiency of the litigation journey, aligning with the goals outlined in the Kingdom of Saudi Arabia's vision to create an appealing atmosphere for business and investment. It also aligns with the broader vision of building a diversified economy rooted in innovation and knowledge, thus protecting the rights of creators and contributing to the nation's overall progress. More information will be provided soon. Stay tuned for updates!
In the coming weeks, months, and years, SAIP will keep investing in raising awareness of Intellectual Property and fostering a greater respect for IP rights. There are currently several projects in the planning stages. One of these is the appointment and assignment of Intellectual Property Respect Officers throughout various government agencies. These officers will play a pivotal role in coordinating and coordinating efforts across those agencies to protect and promote Intellectual Property rights. The officers will receive training from SAIP to become the "go-to" person in their respective agencies for all issues pertaining to Intellectual Property after completing the training. In addition, the formulation of an Intellectual Property (IP) National Committee to coordinate the administration of IP laws throughout the government is currently in the works. The Saudi Arabian Intellectual Property (SAIP) will serve as the committee's chair, and it will be comprised of representatives from a variety of government enforcement agencies. The Committee's primary responsibility will be to ensure widespread compliance with IP laws and regulations across the Kingdom.
The Kingdom of Saudi Arabia understands how vital it is to safeguard Intellectual Property rights to provide entrepreneurs, artists, and businesses of all sizes with the opportunity to capitalize on the monetary worth of their intangible assets. The broader population will benefit from access to a constant flow of new technologies and creative products in addition to the advantages of a flourishing economy if innovation, creativity, and the growth of businesses are encouraged in this manner. Recent changes to Saudi Arabia's Intellectual Property landscape hold the potential to bring about significant benefits and represent a significant step forward in the direction of achieving the goals outlined in the Saudi Vision 2030.
