SAUDI ARABIA Law and Practice Contributed by: Zain Satardien, Chadi Hourani and Hayel Hourani, Hourani & Partners
Industrial Designs and Trade Secrets Protection is also offered for aesthetic and ornamental product designs under the Saudi Arabian Patent Law with a ten-year term of protection from the filing date. Protection for trade secrets is indefinite as long as rea - sonable efforts are made to maintain confidentiality. 11.2 Intellectual Property Protections Saudi Arabia is regarded as a jurisdiction that has made significant strides in strengthening its IP frame - work in recent years. With the alignment of its IP laws with international standards, Saudi Arabia has dem - onstrated its commitment to fostering a robust and enforceable IP regime. The overall legal framework aims to provide a strong level of protection for IP. 11.3 Data Protection and Privacy Considerations Saudi Arabia’s Personal Data Protection Law (PDPL) now forms a fully enforceable, comprehensive data protection framework that is aligned with interna - tional best practices. Following the expiry of the implementation grace period on 14 September 2024, entities within the scope of the PDPL must comply with detailed obligations governing lawful bases for processing, transparency and notice, data subject rights, security and breach notification, cross-border transfers, record-keeping, and governance measures such as data impact assessments and, in some cas - es, appointment of a data protection officer. Enforce - ment is led by the Saudi Data and Artificial Intelligence Authority (SDAIA), supported by Executive Regula - tions and specific Data Transfer Regulations. Data Protection Scope and Applicability The PDPL applies to any processing of personal data concerning Saudi Arabian residents, regardless of where the processing entity is located. This extrater - ritorial reach ensures comprehensive protection of personal data both domestically and internationally. Cross-Border Data Transfers Cross-border data transfers are permitted under the PDPL but are subject to specific conditions. Transfers may be made to jurisdictions that SDAIA designates as providing an adequate level of protection, although an official adequacy list had not yet been published at the time of writing. In the absence of an adequacy
eign patents or trade marks must be filed through the SAIP or the GCC Patent Office. • Certain industries, such as defence, healthcare, and telecommunications, are subject to additional scrutiny to ensure compliance with national secu - rity and public health priorities. • Investments involving IP must not contravene Saudi Arabian competition laws, such as those concerning market monopolisation or restrictive licensing terms. Registration of IP Assets Trade marks, patents, and copyrights must be regis - tered locally to secure enforceability. Patents Patents are granted for inventions demonstrating nov - elty, inventive step, and industrial applicability. This includes products, processes, or their improvements. Patent protection lasts 20 years from the filing date, subject to annual maintenance fees. Under specific circumstances, such as public health or national emergencies, compulsory licences may be issued. Patent disputes are resolved through the SAIP com - mittees or referred to specialised courts. Trade Mark Laws Saudi Arabia implements the GCC Trade Mark Law, offering protection for trade marks, including tradition - al marks (such as names, logos, symbols), and non- traditional marks (sounds, colours, and smells). Initial registration is valid for ten years, renewable indefinite - ly in ten-year increments. Trade mark infringement can result in fines up to SAR1 million, imprisonment, or both, with repeat offences attracting double penalties. Copyright Law Saudi Arabia’s Copyright Law covers literary, artistic, and scientific works, including software, audio-visual creations, and architectural designs. The duration of protection for individuals is the lifetime of the author plus 50 years and for corporate works is 50 years from the first publication date. Copyright infringement may result in fines up to SAR250,000, temporary closure of offending establishments, and confiscation of infring - ing goods and materials.
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