IP OVERVIEW OF SAUDI ARABIA

The basic IP laws of Saudi Arabia mainly include Patent, Integrated Circuit Layout Design, New Plant Varieties and Industrial Design Protection Law promulgated in 2004, which mainly stipulates the content of four patents and their protection: invention, integrated circuit layout design, new plant varieties and industrial design; Copyright Law promulgated in 2003, which stipulates the content of copyright and its protection; Trademark Law promulgated in 2002, which stipulates trademark application, types and protection; Trade Name Law promulgated in 1999, which stipulates the protection of registered trade names.

In addition to these basic laws, there are some other IP laws, such as Arbitration Law in 2012, Penalty Method on Dissemination and Disclosure of National Secret Information in 2011, Electronic Transactions Protection Law in 2007, Judicial System Law, Anti-Cybercrime Law, Retail System Law in 2005, Competition Law in 2004, Statute of Frauds, Medical Equipment and Product Law, Business Data Law in 2002, Agricultural Fertilizer Trade Law, Criminal Procedure Law in 2001, Telecommunications Law, Printing and Publication Law in 2000, Board of Appeals Procedure Rules in 1989, Commercial Agency Law in 1962, etc.

Patent

Patents in Saudi Arabia are divided into four major types: patent for invention, integrated circuit layout design patent, patent for new plant varieties, and industrial design; they are stipulated in Patent, Integrated Circuit Layout Design, New Plant Varieties and Industrial Design Law revised in 2004. The law stipulates different terms of protection for different patents. The term of protection for patent for invention is 20 years; the term of protection for industrial design and integrated circuit layout design patent is 10 years; the term of protection for patent for new plant varieties is generally 20 years, but for trees it is 25 years.

Relevant fees shall be fully paid within three months from the date of filing patent application. From the second year following the year of filing patent application, annual fee shall be paid at the beginning of year; otherwise, the patent right will not be protected from the said year.

Patent shall be novel; that is to say, the patent is not disclosed to the public by any means before patent application is filed. Patent disclosure within the priority term will not affect its novelty. Patent for invention shall be provided with creativity and industrial applicability.

The languages for patent application are Arabic and English. The applicant can be a natural person or a company or enterprise, but the patent fee is not the same. The patent fee paid by a company or enterprise is twice as much as that paid by a natural person.

Under the legal framework of Saudi Arabia, any use of patent without the consent of patent holder in writing shall be deemed infringement.

Trademark

Trade right protection in Saudi Arabia is stipulated in Trademark Law enacted in 2002, and in the same year Implementing Rule of the Trademark law was enacted as well.

The agency for trademark application registration in Saudi Arabia is Saudi Arabia Trademark Office under Saudi Arabia Department of Commerce and Industry. According to Saudi Arabia Trademark Law, the following persons are eligible applicants of trademark application registration in Saudi Arabia: 1. Saudi Arabian natural person or legal person; 2. Foreigners with permanent residence in Saudi Arabia who are allowed to do business or occupational activities here; 3. Foreigners from the country which has reciprocal terms with Saudi Arabia; 4. Foreigners from the country which is a member state of a relevant international treaty in which Saudi Arabia joins, or foreigners who resides in the country; 5. Public institutions.

In trademark application, any interested party can file objections within 90 days from the date of trademark publication on the website of Saudi Arabia Department of Commerce and Industry. No matter whether the applicant files any defense or not, the court will organize multi-party hearings to listen to their opinions and relevant evidence, the Trademark Office is one of them. With thorough hearings, the court will make the final judgment.

The validity term of registered trademark in Saudi Arabia is 10 mohammedian calendar years (that is 9 gregorian calendar years and 8 months or so). In Saudi Arabia, the right to use registered trademark is freely assignable on an equity and voluntary basis. Trademark license items should be recorded in the trademark registration certificate. The license agreement is not compulsory.

Copyright

In Decree M/41 adopted on August 30, 2003 in Saudi Arabia, the first Copyright Law was promulgated. On May 29, 2004, the Minister of Ministry of Information and Culture enacted Copyright Law Implementing Rules according to Council of Ministers Resolution 1688/1.

The Copyright Law in Saudi Arabia protects scientific, literary and artistic works. The protection has nothing to do with the form, importance, way of expression or aim of creation of the works. Works of citizens and foreigners in Saudi Arabia will be protected when they are published, performed or presented in Saudi Arabia for the first time. In most cases, the protection term is 50 years before and after the author dies. The term for the protection of audiovisual works, photography works and works of applied art is 25 years upon publication. The term for the protection of computer software is 50 years upon publication. Saudi Arabia is a member state of Universal Copyright Convention and Berne Convention.