Saudi Arabia: New regulations to protect geographical indications and prevent misrepresentation
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 obligates the SAIP Board of Directors to issue the regulations within 180 days of the law's publication, reflecting the Kingdom's commitment to applying the highest international standards in protecting intellectual property rights.
The importance of geographical indicators and their economic impact
Geographical indications are of paramount importance in modern economies, serving not only legal protection but also enhancing the market value of national products. A geographical indication is a label placed on products that have a specific geographical origin and possess characteristics or a reputation primarily attributable to that origin. Implementing this regulation will contribute to protecting the agricultural and industrial heritage of various Saudi regions, boosting the competitiveness of local products in international markets, and ensuring that the reputation of authentic products is not exploited by unfair competitors, thus directly benefiting local producers and the national economy.
Eligible categories and registration requirements
The draft regulations clarify that the right to submit applications for geographical indication registration is not available to individuals in their personal capacity, but is limited to specific categories that ensure collective and institutional representation. These categories include legal entities representing producers' associations of goods associated with a particular geographical area, as well as competent national, regional, or international bodies seeking recognition of indications within their jurisdiction. This limitation aims to ensure that the applicant has a close and direct connection to the production or supervision of the goods.
Standards for protection and prevention of misinformation
The regulations established strict controls to ensure the credibility of geographical indications, emphasizing that the indication's determination depends on natural factors (such as climate and soil), human factors (such as traditional, inherited skills), or both. The regulations stipulated that, for registration purposes, the name must not be merely a common designation or a general description of the product type, and its use must not mislead the consumer about the origin or characteristics of the goods. In cases where geographical indications are similar across different regions or countries, the regulations permitted their registration, provided they were clearly distinguished to prevent any confusion for the consumer.
Registration procedures and standard timeframes
The regulations outline the procedural mechanism for submitting applications, requiring foreign producers or their consortia to submit applications through an accredited intellectual property agent in the Kingdom, while giving national applicants the option of submitting directly or through an agent. Applications are subject to rigorous review by the Authority, which issues a decision within 180 days of receiving all required documents. The regulations also include detailed specifications for the "User's Manual" that must accompany the application, which must include a detailed description of the product, its production methods, factors affecting its quality, and packaging methods.
Legal protection and enforcement of rights
The regulations concluded by clarifying the legal mechanisms for protecting registered rights, granting stakeholders the right to appeal to the competent court to request urgent precautionary measures in the event of an imminent risk of infringement on a protected geographical indication. These measures include the precautionary seizure of infringing products, prohibiting their circulation, or halting their customs clearance, thus providing a robust protective framework that prevents deceptive practices and safeguards the rights of both producers and consumers.
