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Intellectual Property Protection
In a recent move to demonstrate Saudi Arabia’s commitment to intellectual property protection, the Saudi Government announced the establishment of the Saudi Intellectual Property Authority (SIPA) and launched the strategy of SIPA under the umbrella of Ministry of Commerce and Investment (MCI) in April 2018. Prior to that, Saudi Arabia recently undertook a comprehensive revision of its laws covering intellectual property rights to bring them in line with the WTO agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). The Saudi legal system protects and facilitates acquisition and disposition of all property rights, including intellectual property.
The Saudi Government recently updated the Trademark Law (2002), the Copyright Law (2003), and the Patent Law (2004), with the dual goals of TRIPs- compliance and effective deterrence against violators. In 2008, the Violations Review Committee created a website and has populated it with information on current cases. The government also endorsed the country’s joining the “Paris Convention for Protection of Industrial Property” and the “Berne Convention for the Protection of Literary and Artistic Works.” Although intellectual property protection has steadily increased in the Kingdom, intellectual piracy remains a problem. The current Law on Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Designs has been in effect since September 2004. Largely due to a lack of adequate resources and technical expertise, when this law went into effect the Patent Office had issued just over 40 patents and had a large backlog (more than 9,000 applications dating back to issuance of Saudi Arabia’s first patent law in 1989). The office has since streamlined its procedures, hired more staff, and reduced this backlog. Protection is available for product and product-by-process. The term of protection was increased from 15 years to 20 years under the new law, but patent holders can no longer apply for a routinely granted five-year extension. Trademarks are protected under the Trademark Law.
The Rules for Protection of Trade Secrets came into effect in 2005. Saudi Arabia has one of the best trademarks laws in the region, and the Saudi Customs Authority took significant enforcement efforts in the past several years. The Saudi Government has revised its Copyright Law, is devoting increased resources to marketplace enforcement, and is seeking to impose stricter penalties on copyright violators. The Saudi Government has stepped up efforts to force pirated printed material, recorded music, videos, and software off the shelves of stores. These efforts included stepping up raids on shops selling pirated goods in 2008. However, due to concerns regarding recent deteriorations in IP protection for pharmaceutical products, in addition to outstanding concerns regarding IP enforcement and the continued use of unlicensed software by the government, Saudi Arabia was placed in the Special 301 Watch List in April 2018. Saudi Arabia has not signed and ratified the WIPO internet treaties.
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