Geographical Indications Law in Saudi Arabia

Here’s a detailed overview of Geographical Indications (GI) law in Saudi Arabia:

🇸🇦 Geographical Indications Law in Saudi Arabia

1. Legal Framework

Saudi Arabia protects Geographical Indications under its Trademark Law, which includes specific provisions for GIs.

The main legislation is the Saudi Trademark Law issued by Royal Decree No. M/21 dated 9/5/1422H (corresponding roughly to 2001), amended over time to improve IP protection.

The Saudi Authority for Intellectual Property (SAIP) is the government body responsible for IP registration and enforcement, including GIs.

2. Definition and Scope

A Geographical Indication is defined as a mark that identifies a product as originating from a particular region or locality where a given quality, reputation, or characteristic is essentially attributable to its geographical origin.

Protection extends to agricultural products, foodstuffs, handicrafts, and other goods linked to geographic origin.

3. Registration Process

GIs can be registered as certification marks or collective marks under the Trademark Law.

Applicants submit an application to SAIP including evidence of the GI, description of the geographical area, and proof that the product originates and possesses characteristics linked to the area.

SAIP examines the application and, if approved, publishes it for opposition.

Upon successful completion, the GI is registered and protected within Saudi Arabia.

4. Enforcement and Protection

Registered GIs enjoy exclusive rights, and unauthorized use, imitation, or evocation is prohibited.

Enforcement actions can be initiated through SAIP or judicial courts.

Penalties for infringement include fines, product confiscation, and other legal remedies.

5. International Treaties

Saudi Arabia is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement, which mandates GI protection.

Saudi Arabia has bilateral and multilateral IP agreements that enhance protection and recognition of GIs.

6. Examples

Saudi Arabia promotes the registration of local products such as:

Saudi Sidr honey

Dates varieties specific to particular regions

Traditional handicrafts linked to specific locales

Summary Table

AspectDetails
Governing LawSaudi Trademark Law (Royal Decree No. M/21, 2001)
Administering AuthoritySaudi Authority for Intellectual Property (SAIP)
Type of ProtectionGeographical Indications via Certification or Collective Marks
Registration ProcessApplication → Examination → Publication → Registration
EnforcementSAIP and Saudi courts
International TreatiesWTO/TRIPS
ExamplesSaudi Sidr honey, regional dates, traditional handicrafts

 

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