Regulations for the Protection of Geographical Indications in Saudi Arabia: Details and Conditions
In a strategic move aimed at strengthening the intellectual property system in the Kingdom of Saudi Arabia, the Saudi Authority for Intellectual Property (SAIP) has released the draft implementing regulations for the Geographical Indications Protection Law through the "Istilaa" platform. This step comes in implementation of Article 26 of the law, which mandates the SAIP Board of Directors to issue the regulations within 180 days of the law's publication, reflecting the Kingdom's commitment to developing an attractive and stimulating legislative environment for the national economy.
Context of the move and its economic importance
This move comes within the broader context of the Kingdom's Vision 2030, which focuses on diversifying income sources and enhancing local content. Geographical Indications are a vital tool for protecting products whose quality or reputation is linked to a specific geographic region, such as Al-Ahsa dates, Taif roses, or Saudi coffee. Providing legal protection for these products not only safeguards the rights of producers but also increases their market value both domestically and internationally, and prevents unfair practices that could harm the reputation of authentic Saudi products.
Registration controls and prevention of misrepresentation
The new draft regulations stipulate strict controls to ensure the accuracy and credibility of geographical indications. The regulations restrict the right to submit registration applications to specific categories, most notably legal entities representing producers' associations or competent authorities seeking recognition of geographical indications. This restriction aims to ensure that the applicant is directly involved in the production process, thus preventing attempts by individuals to monopolize the names of public areas.
Regarding consumer protection, the regulations emphasize the prohibition of registering any indication that could mislead the public about a product's origin or characteristics. In cases where geographical indications are similar across different regions, the regulations stipulate clear differentiation to prevent confusion between products, with the country of origin being clearly indicated.
Registration procedures and dealings with foreign indices
The regulations established a precise mechanism for registering geographical indications, whereby applications are recorded in a special register containing all detailed data and usage guidelines. For foreign geographical indications, the regulations stipulated the submission of proof of registration and protection in the country of origin, in accordance with the principle of reciprocity and respect for international agreements governing intellectual property.
The authority has set a period not exceeding 180 days for deciding on registration applications after the documents are complete, with the possibility of extension when necessary. The regulations also grant the authority broad powers to request data amendments or to complete missing information to ensure the accuracy of the national registry.
Legal protection and enforcement of rights
The regulations concluded by clarifying the legal mechanisms for protecting registered rights, guaranteeing stakeholders the right to appeal to the competent court to request urgent precautionary measures in the event of an imminent threat of infringement on a protected geographical indication. These measures include the precautionary seizure of counterfeit products, preventing their circulation, or halting their customs clearance, thus providing strong protection for national products and enhancing investor and consumer confidence in the Saudi market.
