Recent updates in Saudi Arabia regarding intellectual property, in line with Saudi 2030 Vision

• Joining the Madrid Protocol
• Establishment of the Intellectual Property Prosecution authority

The journey of prosperity and development in Saudi Arabia has become international, where Saudi Arabia is rated among the top 50 countries in the Global Innovation Index issued for the year 2023, ranking fifth among 18 international economies in North Africa and West Asia, according to the World Intellectual Property Organization (WIPO).

This unprecedented achievement reflects the significant progress made by Saudi Arabia in various sectors, in line with the kingdom’s commitment to promoting innovation and economic growth, as per Saudi Arabia’s 2030 Vision.

The kingdom is witnessing improvement in the environment of intellectual property protection,innovation, and creativity, These efforts include the issuance of new laws and regulations that enhance intellectual property rights and define the necessary procedures for their protection. Additionally, there are improvements in infrastructure and services provided to intellectual property rights holders, including facilitation of application processes and acceleration of procedures.

• The advancement started with Saudi Arabia joining the Madrid Protocol for the international registration of trademarks.

What exactly is the Madrid Protocol?

Trademark registration is usually subject to the domestic/ local laws of each country individually. Trademark owners are usually required to apply for trademark protection in each country separately , where they seek to register their trademarks.

This results in huge expenses and procedural difficulties due to each country having its own independent trademark registration law and administrative system and paperwork , with slight differences in intellectual property laws in each country. Therefore, the Madrid Protocol offers an easier solution to overcome these challenges.

The Madrid Protocol is an international system which facilitates the registration and management of trademarks across multiple countries through a simplified single-step process.

Under this protocol/system, trademark owners can submit a unified trademark registration application to their local trademark office, which expands the scope of trademark protection to include multiple countries. This reduces administrative burdens and related costs and also provides companies with enhanced and strong global trademark protection instead of mere local protection.

For Saudi companies in specific , joining the Madrid Protocol will cause an access to a one-step trademark filing service through the Saudi Authority for Intellectual Property (SAIP), enabling local companies or individuals to file one application in Saudi Arabia and extend protection to over 100 countries around the world that are members of the Madrid Protocol, with countries designated according to the request, this facilitation of expansion in protection of IP will enhance economic growth in Saudi Arabia, especially for small and medium-sized enterprises.

Saudi Arabia’s signing of the Madrid Protocol indicates its commitment to aligning intellectual property laws with international standards, enhancing consistency in international intellectual property frameworks, and enforcing intellectual property rights, especially in combating trademark infringement and violations.

With the activation of the Madrid Protocol, Saudi Arabia demonstrates its effective and renewed efforts in protecting and enforcing intellectual property rights. Despite the challenges that will be faced in implementing the agreement, activating the Madrid Protocol will lead to the advancement of Saudi Arabia’s intellectual property protection environment. Saudi Arabia aims to create an internationally fertile environment for innovation, economic growth, and global competitiveness.

• Following the previous achievement, another unique and pioneering accomplishment in intellectual property took place, which is the establishment of the intellectual property prosecution.

The approval of establishment of the Intellectual property Public Prosecution Council under the leadership of His Excellency the Attorney General Sheikh Saud bin Abdullah Al-Mujeb to establish the “Intellectual Property Prosecution.”

This is in alliance with the national strategy for intellectual property which was launched by His Royal Highness Prince Mohammed bin Salman bin Abdulaziz Al Saud, under the chairmanship of the Council of Ministers, aiming to provide a flourishing environment for the provision, organization, and development of judicial services in the field of intellectual property.

The establishment of this specialized intellectual property prosecution confirms integration with the Public Prosecution in governing criminal matters related to intellectual property to achieve fair justice and expedite the enforcement of intellectual property rights in accordance with Saudi Arabia’s  2030 Vision.

Whereases this intellectual property prosecution specializes in investigating and initiating criminal proceedings in cases related to infringement of intellectual property rights, these criminal complaints are referred from the Saudi Authority for Intellectual Property.

The relevant laws for the mentioned complaints are the Trademark Law, Copyright Protection Law, in addition to the Patent Law, industrial designs, plant varieties, and industrial models.

This specialization and development will result in an increase in investments and expansions of projects and investments, due to the facilitation provided by Saudi Arabia for the enforcement of intellectual property rights. With these measures, entrepreneurs and companies will be better able to protect their innovations and enforce their rights, encouraging increased investment in research and development and stimulating innovation. Thus, this evolutionary approach will contribute to enhancing the national economy and achieving sustainable growth in the country.

Written by Ms. Haidy Hazem (Legal Consultant) and Mr. Saad Al Harbi (Partner of OWIP)