SAUDI ARABIA Law and Practice Contributed by: Dana Halwani and Leanne Farsi, Derayah LLPC
7. Intellectual Property 7.1 Patents
eties, and Industrial Models Regulation, a patent may be granted for an invention if it is novel, involves a creative step and is capable of indus - trial application. The invention may be a product or an industrial process, or may relate to either. Applications for protection documents can now be filed through the SAIP website by filling out a template which requires the input of: • a summary; • a full description; • the elements being protected; and • drawings (if any) for the invention being pat - ented. For certain patent applications, the patent appli - cation fast track examination programme is also available, which provides a potentially quicker avenue for obtaining a protection document. The protection document is the personal right of the owner, who may transfer or assign it, or grant a contractual licence to others to commercially exploit the subject matter of protection. Protec - tion is granted to the owner for: • 20 years for an invention; • 15 years for an industrial design; and • 20 to 25 years for a new plant variety. These periods are renewable, for an annual fee. Disputes arising from patent infringement are handled by the Commercial Courts. 7.2 Trade Marks Trade marks are regulated under the Trade Marks Regulation (Royal Decree No M/21 of 28 Jumada Awwal 1423 Hejra corresponding to 8 August 2002), which defines a trade mark as:
Originally, intellectual property rights were administered and protected by three different government authorities: • King Abdulaziz City for Science and Technol - ogy (KACST) for patents; • the MOC for trade marks; and • the Ministry of Media for copyrights. These functions are now handled by the Saudi Authority for Intellectual Property (SAIP), which aims to organise, support, sponsor, protect and promote intellectual property in the Kingdom, in accordance with global best practices. Patents Patents are governed by the Patent, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Models Regulation (Royal Decree No M/27 of 20 Jumada Awwal 1425 Hejra cor - responding to 17 July 2005), which gives effect to the Paris Convention for the Protection of Industrial Property under Saudi law. This law was amended in 2023 to extend the period of protection for industrial designs from ten to 15 years. Additionally, the law now formally recog - nises the Hague Agreement and the World Intel - lectual Property Organization. A protection document is granted by the SAIP, 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. In accordance with the provisions of the Patent, Layout Designs of Integrated Circuits, Plant Vari -
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