LAWS
Basic
Law of Governance (promulgated by the Royal Decree No. A/90 dated 27/08/1412H
(March 1, 1992)) (1992)
MAIN IP LAWS
Law of Patents,
Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs
(promulgated by Royal Decree No. M/27 of 29/5/1425H (July 17, 2004)) (2004)
Copyright Law
(promulgated by Royal Decree No. M/41 of 2 Rajab, 1424 (August 30th,2003))
(2003)
Law of
Trademarks (promulgated by Royal Decree No. M/21 of 28 Jumada I 1423 (August 7,
2002)) (2002)
Commercial Names Law (promulgated by Royal Decree No. M/15, 12 Sha’ban 1420 (November 20, 1999).
RULES
AND REGULATION
Regulations
for the Protection of Confidential Commercial Information (2005).
Implementing
Regulations of Copyright Law (2005).
Regulations of
Border Procedures for Protection of Intellectual Property Rights of Trademarks
and Copyrights (2004).
Implementing
Regulations of the Law of Patents, Layout-Designs of Integrated Circuits, Plant
Varieties, and Industrial Designs (2004).
Implementing
regulations of the Law of Commercial Data (2002).
Implementing
Regulations of Trademarks Law, 2002 (2002).
Regulations of
Commercial Names Law (2000).
Implementing
Regulations of Commercial Register Law and Ministerial Resolution on the
Development of the Registration Procedures (1996).
TREATIES
Patent
Cooperation Treaty (August 3, 2013)
Patent Law
Treaty (August 3, 2013)
Berne
Convention for the Protection of Literary and Artistic Works (March 11, 2004)
Paris
Convention for the Protection of Industrial Property (March 11, 2004)
Convention
Establishing the World Intellectual Property Organization (May 22, 1982).
Ministry of Commerce and Industry, Trade Mark Section
Riyadh 11162
Saudi Arabia
Tel + 966 1 206
9449
Fax + 9661 206
9448
Mail info@commerce.gov.sa
www.mci.gov.sa
Saudi
Arabia is a member of the Paris Convention for the Protection of Industrial
Property. The International Classification of Goods and Services for the
Purposes of the Registration of Marks under the Nice Agreement is followed in
Saudi Arabia.
Once
a trademark or a service mark application is filed, it is examined as to its
availability, registrability and coverage. If the Registrar objects in writing
to certain aspects of the mark in the course of examination, such as the scope
of goods or services or asks for the modification of the mark, a grace period
of 3 months is given to the applicant to comply with the Registrar’s request.
Once the application is formally rejected, a complaint against the rejection
can be filed before the Complaints Committee, within 60 days from the date of
the notification of the rejection. The Minister’s decision may be appealed
before the Board of Grievances (First Instance Court). The trademark or service
mark applications accepted for registration are Published online in the
Official Website.
Trademark Requirements:
1. A Power
of attorney filled up with the full name and address of the applicant company
duly legalized up to the Saudi Arabian Consulate.
2. Certified
copy of the priority document in case priority is to be claimed.
It is permitted under the practice of the Saudi Trademark Registrar to file trademark applications and obtain filing number and date as well as the official filing certificate with a simple copy of the legalized power of attorney the original of which can be submitted at a later stage after filing for verification with no limit and at no additional cost.
Time Frame:
-
The approximately time frame from filing up to
registration in the normal course of action is from 4 to 5 months.
Search procedures:
-
Time frame for conducting trademark search is
20 to 3 working days.
-
It is possible to conduct a search by the name
of the applicant/registrant company which will reveal all and every mark and
its complete details in the name of the client in all classes. No need for a
Power of Attorney to conduct an applicant/registrant search. The time frame
depends on the volume of the marks revealed by the search minimum 5-7 working
days.
Trademark renewal:
-
A power of attorney duly legalized up to the
Saudi Arabian Consulate.
The
relevant original registration certificate, for endorsement purposes. This
document is not required if the registration certificate is electronic issued
under the new electronic system
Recordal of Change of name Requirements:
-
A Power of attorney in the new name duly
legalized up to the Saudi Arabian Consulate.
-
A Certificate of change of name duly legalized
up to the Saudi Arabian Consulate.
Relevant
original registration certificate for endorsement purposes. This document is
not required if the registration certificate is electronic issued under the new
electronic system.
Recordal of Change of address Requirements:
-
A Power of attorney in the new address duly
legalized up to the Saudi Arabian Consulate.
Relevant
original registration certificate for endorsement purposes. This document is
not required if the registration certificate is electronic issued under the new
electronic system.
Recordal of Assignment/ merger Requirements:
-
A Power of attorney in the name of the assignee
duly legalized up to the Saudi Arabia Consulate.
-
A Deed of Assignment or merger duly legalized
up to the Saudi Arabian Consulate.
Relevant
original registration certificate for endorsement purposes. This document is
not required if the registration certificate is electronic issued under the new
electronic system.
Recordal of License Agreement Requirements:
-
A Power of attorney in the name of the licensee
company duly legalized up to the Saudi Arabian Consulate.
-
A License agreement duly legalized up to the
Saudi Arabian Consulate.
Relevant
original registration certificate for endorsement purposes. This document is
not required if the registration certificate is electronic issued under the new
electronic system.
In
Saudi Arabia a licence agreement has to be in writing. Licensing of
unregistered marks is not permitted. Licensees can only be recorded for
registered trademarks. A trademark may be licensed in respect of some or all of
the goods or services for which the trademark is registered. The sale of a
registered trademark does not automatically terminate the license, unless
expressly provided for in the sale agreement or in the license agreement
originally executed by the parties. There are no statutory provisions
prescribing the terms of licensing, but the terms and conditions agreed upon
between the parties constitute the license agreement. There are provisions in
law for the recordal of a licensee. The recordal is not mandatory, but in order
to be effective against third parties and to satisfy any user requirements it
is advisable to record the license agreement with the Trademark Office. There
is no time frame for a recordal and there is no prescribed form or content for
the validity of a license agreement.
Effectiveness:
The
licence becomes effective and enforceable against third parties from the date
of signature of the agreement, once recorded in the Trademarks Register and
published in the Official Gazette.
Trademark Oppositions Requirements:
1. A Power
of attorney duly legalized up to the Saudi Arabian Consulate. A simple copy of
the legalized power of attorney should be submitted at the time of lodging the
opposition writ.
2. A
simple copy of the certificate of incorporation or extract from the commercial
register of the opponent.
3. An
excerpt of the trademark to be opposed or full details thereof including the
gazette number and date.
Notes:
-
A separate application should be filed with
respect to each class of goods or services.
-
Trademarks covering alcoholic goods are not
registrable as well as retail and wholesale services.
Patents
in Saudi Arabia are governed by Patents, Layout Designs of Integrated Circuits,
Plant Varieties and Industrial Models Law which was issued, as per Royal Decree
No. M/27 on July 17, 2004.
The
law, which provides full protection for patents, layout designs of integrated
circuits, plant varieties and industrial models in Saudi Arabia, was published
in the Official Gazette No. 4004, dated August 6, 2004 and entered into force
on September 6, 2004.
The
Implementing Regulations for the aforementioned law were issued as per an
administrative decision on December 26, 2004 and entered into force on the same
date.
The
Directorate of Patents at King Abdul-Aziz City of Science and Technology is
deemed as the "Patent Office" and has the authority to grant patents
in the country.
Once
an application for the grant of a patent is filed with the Patent Office, it
will be examined with respect to the compliance of the applicant with the
formalities. If executed satisfactorily, the application receives a filing number
and the filing date is secured.
FILING REQUIREMENTS:
Documents that must be filed along with the application:
1. An
English Specification of the Invention in A4 size paper and Formal Drawings,
(if any) prepared strictly in the following order:
2. The abstract
(not exceeding one page);
3. Background
of the invention;
4. Summary
description of the invention;
5. Brief
description of the drawings, if any;
6. Full
description of the invention;
7. Claims
8. An
Arabic translation of the entire text of the invention. Our team of in-house
translators will prepare the necessary Arabic translation.
Documents that may be filed belatedly:
9- A
Power of Attorney from the applicant.
10- An
Assignment Deed signed by the inventors.
11- A
Certified copy of the Priority document (together with English & Arabic
translation), if the applicant is claiming priority on the basis of a foreign
application.
The
documents 3 & 4 above must be legalized up to the Saudi Arabian Consulate
The documents
3, 4 & 5 must be filed within 3 months from the date of filing.
-
General
Information Required:
·
Name(s) and address (es) of the inventor(s);
·
A list of the home and/or foreign applications
stating:
Country of filing;
-
Application number(s) and filing date(s);
-
Publication number and date (if any);
-
Class of the patent in accordance with the
International Classification (if known).
ANNUITIES:
-
A maintenance fee is due annually on patents
and is payable the first 3 months of each calendar year following the year the
patent application was filed. There is a 3-month grace period for late payment
with a surcharge.
Payment of annuities:
-
GCC Annuities in respect of National or GCC
patent applications pending and registered are due for payment of annuity at
the beginning of every year regardless of filing date. The payment must be
effected between 1st January and 31 March of each year. A grace period of three
(3) months is given with payment of double of the original prescribed fees.
-
National Applications; pursuant to the new
provisions of the Saudi Patent Law effective as of 1 January 2005, annuities
have to be paid for granted patents and pending applications at the beginning
of each Gregorian year, starting from the year following the application’s
filing date.
-
The said fees have to be paid within three (3)
months from the beginning of the year, i.e., up to 31 March of each year.
-
However, if the applicant fails to do so, a
grace period of three (3) months is given with payment of double of the
original prescribed fees.
-
As for the pending applications, the annuity
will be paid for one time for the year which is due for payment only i. e.
there is no retroactive effect of the provision.
N.B:
-
National patent applications filed in Saudi
Arabia are referred to Australian Patent Office for examination.
In
Saudi Arabia, designs and industrial models are governed by Patents, Layout
Designs of Integrated Circuits, Plant Varieties and Industrial Models Law which
was issued, as per Royal Decree No. M/27 dated July 17, 2004.
The
law, which provides full protection for patents, layout designs of integrated
circuits, plant varieties and industrial designs in KSA, was published in the
Official Gazette No. 4004, dated August 6, 2004 and entered into force on
September 6, 2004.
The
Implementing Regulations for the aforementioned law were issued as per an
administrative decision on December 26, 2004 and entered into force on the same
date.
Absolute
universal novelty is stipulated by the design law. However, applications are
examined as to formalities only.
Filing Requirements:
1- A Power
of attorney duly Notarized and legalized up to the Saudi Consulate.
2- Title
of the design.
3- A
summary description of the design.
4- Classification
of the design.
5- Information
of inventor (if the applicant is not the inventor): name, gender, address, p. o
.box, e-mail address, phone, mobile and fax numbers and nationality
6- A
certified copy of priority document if claimed can be filed within 3 months.
7- A
deed of assignment executed by the designer (if not the applicant), notarized
and legalized up to the Saudi Consulate.
The
documents 2 ,3 and 4 must be accompany the application at the time of filing
whereas the documents 1, 5 and 6 can be filed within 3 months from the date of
filing.
Several
drawings can be filed in one application if belongs to the same design.
Maintenance fees:
-
The annuity of designs is due at the beginning
of each year subsequent to the year in which the design application is filed.
The payment of annuity is to be made within a period of three months from
January 1st till March 31st of each year.
Validity:
-
The term of the design protection in Saudi
Arabia is ten years from the filing date and is non-renewable.
In
the Kingdom of Saudi Arabia, the copyright law was issued as per Royal Decree
No. M/41 dated August 30, 2003 and published in the Official Gazette No. 3959
dated September 19, 2003. The Implementing Regulations of the law were
published in the Official Gazette, and entered into force on August 2, 2004.
No
registration procedures of copyright are available in Saudi Arabia. According
to the Berne Convention for the Protection of Literary and Artistic Works,
registration in the home country extends to all member states.
However,
any printed materials or computer programs can be distributed in Saudi Arabia
only after receiving an approval from the Ministry of Information. For this
purpose, a local distributor is essential. The distributor should obtain the
necessary approval locally.
The
Kingdom of Saudi Arabia is a member of the Universal Copyright Convention and
the Berne Convention for the Protection of Literary and Artistic Works.