Intellectual Property

Trademarks

Trademarks are governed by the Trademarks Regulation, Royal Decree No. M/21 of 28th Jumada Awwal 1433H corresponding to 8th August, 2002 G, and its implementing rules of the same year. Applications for registration must be made to the Trademarks office of the Ministry of Commerce and investment  which applies the ‘Nice Classification’ in accordance with the Agreement concerning the International Classification of Goods and Services for the purposes of the registration of marks of 1985.

 

Patents & Designs

There are at present two overlapping patents systems in Saudi Arabia. The GCC Patents of inventions Regulation of 2001, which is an amendment of an earlier statue of 1992, was approved in Saudi Arabia by Royal Decree No. M/28 of 2001. This permits the registration of patents with effect throughout the GCC countries. The GCC Patent FIRM is based in Riyadh.

Under Saudi Arabian law, patents are governed by the Layout Designs of integrated Circuits, Plant Verities, and industrial Models Regulations, Royal Decree No. M/27 of 29  Jumada Awwal 1425 Hejra Corresponding to 17th July 2004G., which gives effect to the Paris Convention for the Protection of Industrial Property under Saudi Arabian domestic law.

A protection document is granted by the General Directorate of Patents at King Abdulaziz City for Science and Technology, which gives full protection within the Kingdom to an invention, a layout design of an integrated circuit, a plant variety, or an industrial design. The protection document grants the owner the right to commercially exploit the subject matter of protection.

Application for a protection document must be filed at the Directorate in the Arabic and English languages, and must include:
1.     Names and addresses of the applicant(s) and inventor(s):
2.     Name and address of the local agent and the authorization, if the applicant resides outside the Kingdom.
3.     A brief title of the subject matter of the application, an original copy and certified copies of the complete specification and certified copies of other relevant details thereof like examination and research reports.
4.     Priority and disclosure information including previous filings.
5.     Proof of payment of the filing fee at a designated bank, stipulated by the Directorate.

The protection document is the personal right of the owner and he may transfer or assign it or grant a contractual license to others to commercially exploit the subject matter of protection. Protection is granted to the owner for a duration of 20 years of an invention, 10 years for an industrial design and a layout design of an integrated circuit, and 20 to 25 years for a new plant variety. The above periods are renewable, for an annual fee.

 

Copyright

Copyright Regulation, Royal Decree No. M/41 of 2nd Rajab 1424H. Corresponding to 30th August, 2003G and its implementing Rules, Resolution of the Minister of Culture and Information of 10th Rabi Thani 1425H. corresponding to 30th May 2004G. define copyright protection to include architectural designs, speeches, theatrical, musical, photographic and cinematographic works, as well as works for radio and television, maps, video tapes and computer software. Copyright protection is not subject to any registration or renewal.
The Regulation gives the author financial and moral rights, to print or publish the work, to make amendments or to delete his work, to withdraw it from circulation, and to assign it as he wishes.
In general the duration of protection afforded to different types of Copyright works is as follows:
1.     The period of protection of copyright for the author of a work shall be for the duration of his life and for a period of fifty years following his death
2.     The period of protection for works where the author is a corporate entity, or if the author’s name is unknown, shall be fifty years from the date of the first publication of the work.
3.     The protection period for sound works, audio-visual works, films, collective works and computer programs is fifty years from the date of the first show or publication of the work, regardless of republication.
4.     The protection period for applied art (handcrafted or manufactured) and photographs shall be twenty five years from the date of publication.
5.     The protection period for broadcasting organizations shall be twenty years from the date of the first transmission of program or broadcast materials.
A special Copyright Violations Committee under the authority of the Ministry of Culture and Information presides over copyright infringement issues and it has broad powers to punish the infringer of a valid copyright including a fine of up to SR. 250,000 in the case of first time offenders, and this can be raised to SR. 500,000 if there is repeated infringement. The Committee may issue injunctions in certain cases and also order imprisonment of an offender. Any decision of the Violations Committee can be appealed by filing a claim with the Board of Grievances.

 

IP Services Requirements

Requirements for filing a Trade / Service Mark

1– A power of attorney from the applicant duly legalized up to the Saudi Consulate.

2- The specification of goods or services and their respective classes.

3- Sample of the mark in soft copy logo or device (400-200 pixels) in JPG format.

4- The priority document if any.

Requirement of Renewal :

1-A Power of Attorney from the applicant duly legalized up to the Saudi Consulate.

2- Registration Certificate.

Changing the (Name ,Address ) requirements :

1- A power of attorney duly legalized up to the Saudi Consulate.

2- Certificate of change of name /address , duly legalized up to the Saudi Consulate.

3- Registration Certificate.

4- The changes ,amendment needed.

The Requirement of Assignment:

1/ A power of attorney issued from Assignee and duly legalized up to the Saudi Consulate.

 

2/ Deed of assignment signed by Assignor and Assignee and duly legalized up to the Saudi Consulate.

 

3/ Original registration certificate.

 

 The requirement of Licenses:

1- Power of attorney duly legalized up to the Saudi Consulate.

2- Legalized license agreement.

3- Registration Certificate.

 

The requirement of Merger :

1- Power of attorney duly legalized up to the Saudi Consulate.

2- Legalized merger agreement.

3- Registration Certificate..

The requirement of Search:

  • The mark relevant information such as ( class ,logo or device)

 

The requirement of legal Proceedings:

1- A Power of Attorney issued from judicial direction legalized up to Saudi Consulate.

Required document for Saudi Arabia Patent :

 

1- Specifications in (Arabic and English) in word file.

2- claims in (Arabic and English) in word file.

3- abstract in (Arabic and English) in JPG.

4-drawing in (Arabic and English) in word file.

5-Information sheet (name and address of the applicant, inventors and the priority information date and number).

 

 

1/A power of attorney issued from the applicant and duly legalized up to the Saudi Consulate.

2/ An assignment document and duly legalized up to the Saudi Consulate.

3/ Priority document ( if applicant claims priority ) ( no need to be legalized).

 

 

GCC Patent:

Required document for GCC Patent application are:

1- Specifications in (Arabic and English) in word file.

2- claims in (Arabic and English) in word file.

3- abstract in (Arabic and English) in word file.

4-drawing in (Arabic and English) in JPG format.

5- Information sheet (name and address of the applicant, inventors and the priority information date and number).

a-   A power of Attorney from the applicant legalized from any GCC Consulate.

b-  The applicant Register if the applicant is a company, legalized form any GCC country consulate.

c- An assignment agreement form the inventor (if the applicant is different form the inventor) legalized up to any GCC consulate.

d-  The priority document or documents if any ( no need to be legalized).

 

Industrial designs:

Required document for Industrial designs are: 

 

1- Power of attorney ,notarized& legalized up to Saudi Consulate.

2- Legalized Deed of Assignment.

3- Priority documents.

1- Description of Industrial design.

2- Drawing in (Arabic and English) in JPG format .

3- Information sheet (name and address of the applicant, inventors and priority information date and number).

 

Required document for PCT application are:

 

– Copy of the PCT publication

– Copy of search report

– Copy of the preliminary Examination Report

 

1- Specifications in (Arabic and English) in word file.

2- claims in (Arabic and English) in word file.

3- abstract in (Arabic and English) in word file.

4-drawing in (Arabic and English) in JPG format.

5- Information sheet (name and address of the applicant , inventors and the priority information date and number).

 

1/ A power of attorney issued from the applicant duly legalized up to the Saudi Consulate.

2/ An assignment document (if applicant is different from inventor)duly legalized up to the Saudi Consulate.

3/ Priority document ( if applicant claims priority ).