Industrial Designs Law in Saudi Arabia
In Saudi Arabia, industrial design protection is governed by the Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs Law, administered by the Saudi Authority for Intellectual Property (SAIP). This law underwent significant amendments, effective from October 3, 2023, notably extending the protection period for industrial designs from 10 years to 15 years. (Rouse, Mondaq)
🛡️ What Is an Industrial Design?
An industrial design in Saudi Arabia refers to the visual appearance of a product, encompassing its shape, configuration, pattern, ornamentation, or any combination thereof. To qualify for protection, the design must be new and have individual character, meaning it must create a different overall impression on an informed user compared to existing designs.
📝 Registration Process
Application Submission: File an application with the SAIP, including representations of the design (drawings or photographs) and a description of the product to which the design is applied.
Examination: The SAIP conducts a formal examination to ensure compliance with legal requirements. Notably, Saudi Arabia does not perform substantive examinations regarding novelty or individual character; these are assessed during potential invalidation proceedings.
Publication and Opposition: Upon successful examination, the design is published in the SAIP Journal. Third parties have a specified period to file oppositions against the registration.
Registration and Protection: If no oppositions are filed or are unsuccessful, the design is registered, granting the holder exclusive rights to exploit the design commercially within Saudi Arabia.
⏳ Duration and Renewal
Initial Term: 15 years from the filing date.(Liesegang & Partner)
Renewal fees must be paid within the prescribed timeframes to maintain protection.
🌐 International Protection via the Hague System
As of April 7, 2025, Saudi Arabia is a member of the Hague System for the International Registration of Industrial Designs, administered by the World Intellectual Property Organization (WIPO). This system allows designers to obtain protection in multiple countries by filing a single international application. Saudi designers and businesses can now seek protection of their designs in any of the 99 member countries of the Hague System. (KSA, Lysaght, WIPO)
⚖️ Enforcement and Legal Remedies
The holder of a registered industrial design in Saudi Arabia has the exclusive right to prevent third parties from using the design without consent. In case of infringement, the holder can initiate legal actions, including:
Civil Proceedings: Seeking injunctions, damages, or account of profits.
Criminal Proceedings: In cases of willful infringement.
Invalidation Actions: Challenging the validity of a registered design before the SAIP.
📌 Practical Considerations
Representation: Foreign applicants must appoint a registered patent attorney in Saudi Arabia to represent them before the SAIP.
Language: All documents submitted must be in Arabic or accompanied by a certified translation.
Fees: Applicants should be aware of the official fees for registration and renewal, as well as professional fees for legal representation.
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