Saudi Arabia

Intellectual property legislation includes Patents Law No.M/38, May 1989, Trademarks law No.M/5, January 1984, Copyright Law No.11/M, December 1989. The Industrial Property Office administers patents at King Abdulaziz City for Science and Technology. The General Directorate of Internal Trade, Trademark Section, administers trademarks’ registration. Both offices are under the supervision of the Ministry of Commerce. However, Copyright is administered by the General Administration of Copyright under the supervision of the Ministry of Information. Saudi Arabia is member of WIPO Convention since May 22, 1982 and is signatory to the Paris Convention as of March 11, 2004 and the Berne Convention (Literary and Artistic Works) as of March 11, 2004

Saudi Arabia Patents Registration.

The Industrial Property Office at King Abdulaziz City for Science and Technology examines patents formal requirements. Once compliance with formal requirements has been satisfied, the application shall be given a filing number and a filing date. Patents are valid for fifteen Hegira years as from the date of grant (a lunar year under Islamic precepts). This period is equal to 14 years and 6 months. The term of validity may be extended for an additional period of five Hegira years. A patent must be utilized within period not exceeding two years from the date of grant, however if the patentee failed to so to do without adducing reasonable justification, the Industrial Office, may grant a compulsory license to any interested person in a position to put the patent into operation. Any interested person may raise an opposition within a period of 90 days from the date of grant. Patent oppositions are presided over by a semi-judicial Committee which sits at King Abdulaziz City for Science and Technology.

Formal filing requirements are as follows:

  1. A power of attorney duly legalized by a Saudi Consulate.
  2. Full particulars of the applicant.
  3. A duly authenticated and legalized deed of assignment, if the applicant is not the owner.
  4. A duly certified copy of the certificate of incorporation or an extract from the Commercial Register if the applicant is a legal entity.
  5. Two copies of the specification in English with an Arabic translation. The specification must be in conformity with the following sequence:
    • Title of the invention.
    • Field of the invention.
    • Prior art or background of the invention.
    • Disclosure of the invention.
    • Brief description of the drawings.
    • Full description of the invention detailing the method to execute the invention, its industrial application and if appropriate with examples, statistics etc,
  6. An abstract of the invention which shall not exceed one page.
  7. Two sets of the formal drawings. One set is required without numerals.
  8. Indication of international classification of the invention if known.
  9. Priority document showing the filing date, number, and country if priority is to be claimed. It is also required to submit publication number and date in case the invention has been published in the home country or a foreign country. In the event the invention has been granted in any country, the number and date of letters patent is required.

Saudi Arabia is a member of the GCC Patent Cooperation Treaty (PCT) as of October 26, 2001. A grant of a patent by the GCC Patent Office secures legal protection with all the GCC member states without the need to pursue any further processing action in any member state, except infringement matters which shall be governed by the domestic laws of each member state.

Please click on GCC Patent Office to see filing requirements.

Designs.

There is no legislation in force as regards design registration. The only feasible way to protect a design, at the present, is to secure a Cautionary Notice by publishing it in Arabic and English in any local newspapers.

Trademarks/service marks.

The Nice International Classification of Goods and Services is adopted subject to particular limitations such as trademarks concerning alcoholic goods and pork meat. Again registration of a mark shall be declined if the trademark offends or is contrary to public morality. The revision of class 42 and the creation of class 43 to 45 have been adopted since January 1, 2002. A grace period of 90 days is allowed to rectify irregularities or to comply with required amendments. In the event the Industrial Property Office declines to accept registration of a mark, the applicant is entitled within a period not exceeding 60 days from the date of official notification to raise a complaint before the Complaint Committee whose decision may be appealed within 30 days to the Minster of Commerce whose decision may be appealed to the Board of Grievance a duly constituted firs instance court having full jurisdiction to preside over legal civil matters.

Saudi Arabia Industrial Property Office will examine the application to ensure formal compliance. Once formal compliance is secured, the application will be published in the Official Gazette (Ummulqura) and one local newspaper, and hence the Certificate of Registration will be issued. An opposition may be raised by any interested party within a period of 90 days from the date of filing. The time required to consummate processing till the stage of receiving the Certificate of Registration is in the range of 8 to 10 months. The term of validity for a duly registered trademark is 10 Hegira years (equal to 9 years and 8 months); renewable for further periods of 10 Hegira years each, subject to payment of the prescribed fee. A grace period of 6 Hegira months is allowed. A trademark may be assigned with or without goodwill; however an assignment must be recorded as provided for under the law. A trademark may be cancelled by order of the competent court, if an interested third party established cogent grounds showing non-use for a period of five consecutive Hegira years as from the date of filing. Infringements proceedings are heard by the Grievance Board. Forged or counterfeited goods, on the basis of a court order, shall be confiscated and destroyed by the concerned department at the Ministry of Commerce. The court’s order may involve suspension of the infringement act, in addition to payment of losses and damages.

Formal filing requirements are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. A power of attorney duly legalized by a Saudi Arabia Consulate.
  3. A copy of the certificate of incorporation or an extract from the Commercial Register dully certified and legalized by a Saudi Arabia Consulate.
  4. 15prints of the mark for each class and a printing block. A trademark print must not exceed 7x7cm
  5. A complete list of goods and services to be covered by the registration.
  6. A certified copy of the priority document if priority is to be claimed. May be submitted within three months from the date of filing.

NOTE: As regards countries members of the Paris Convention, priority could be claimed within 12 months from the earliest corresponding application. As regards Collective Marks applications, prints of all mark must be included in one sheet. In connection with Quality Control Marks applications, the body seeking registration of the Marks shall submit two duly certified copies of the Institution or the Association’s bylaws including all amendments. Again, such a body shall submit two duly certified copies of the system adopted by the said institution or association which indicates the method or manner utilized to control or inspect products. Again, the said body must show the terms and conditions which must be observed for using the Marks.

Changes.

  • Alteration of goods and services.
  • Alteration of a registered trademark.
  • Voluntary cancellation of a registration.
  • Change of name and / or address of the owner.
  • Assignment of the registration.
  • Licensing contract.

Requirements:

  1. A power of attorney duly executed and legalized by a Saudi Arabia Consulate.
  2. A duly certified instrument of change of name and/or address.
  3. Original certificate of registration / renewal as the case may be.
  4. A deed of assignment duly executed and legalized by a Saudi Arabia Consulate.
  5. A duly executed licensing contract.

Copyright.

Range and extent of protection.

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. Protection under the copyright law ends fifty years after the death of the author. However, if the copyrighted substance is owned by a legal entity rather than a natural person, the fifty years protection shall begin on the date the material was first published. The author may assign the rights granted to him subject to prescribed terms and conditions. Infringements are presided over by the competent court. Copyright and related matters, are under the supervision of the Ministry of Information where responsibility is assigned to the General Administration of Copyright. Registration with the Ministry of Information is voluntary; however registration shall be considered as a reliable reference to copyright information. The work for which protection is sought must obtain prior approval of the Censorship Department. Accordingly, any printed material or computer programs can not be distributed in Saudi Arabia, unless prior approval of the Ministry of Information has been obtained. This necessitates securing a duly appointed distributor to undertake the task of obtaining the requisite authorization.

Formal filing requirements are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business. In the event the work is authored jointly, the authors’ names for the joint work must be indicated.
  2. A power of attorney duly executed and legalized by a Saudi Arabia Consulate.
  3. A duly executed and legalized deed of assignment, if the author is not the applicant.
  4. Three copies of the work for which protection is sought to be lodged with the General Administration of Copyright-Ministry of Information.

© 2017 - Dr.Adam & Associates. All rights are reserved.