Features of the Saudi Geographical Indications Protection System
Intellectual property in the Kingdom of Saudi Arabia regulates the rights of human creativity registered inside and outside the Kingdom, ensuring benefit from them and encouraging development and fair competition.
Among the modern regulations issued in this field is the Geographical Indications System, which aims to protect and preserve national heritage and regulate the process of registering and using the geographical indication in a manner that does not violate the regulations in force within the Kingdom.
What is meant by geographical indication?
In Article 1, the Geographical Indications System defined a geographical indication as a sign placed on products that have a specific geographical origin and characteristics and reputation attributed to that origin.
These products are distinguished by the fact that their method of manufacture or their primary elements are closely related to a specific region, for example Parmesan cheese in Italy.
Geographical indications in intellectual property are considered intangible assets and their importance lies in the fact that they are used to distinguish between competing goods and indicate the country in which they were manufactured.
What are the objectives of the geographical indication?
- Protecting the distinctive characteristics and reputation of a commodity that originates or is manufactured in specific regions.
- Prevent unlicensed persons from exploiting or imitating geographical indications and misleading consumers.
What are geographical indications?
The geographical indications protected by the system, whether national or foreign, are registered within the Kingdom, including:
- Agricultural products such as sectarian roses.
- Food products.
- Handicraft products such as Al-Mashlah Al-Hasawi.
- Industrial products.
What are the conditions that must be met to register a geographical indication in Saudi Arabia?
What are the conditions that must be met to register a geographical indication in Saudi Arabia?
- It does not conflict with public order and morals.
- Registration of the geographical indication shall not conflict with the Kingdom’s obligations and the agreements and treaties to which it is a party.
- It should not be a geographical indication with similar names unless it is easy for consumers to distinguish it from others.
- It must not be similar to a trademark registered in the Kingdom.
- It must not be identical to the name of a plant or animal variety, which would mislead consumers.
Who benefits from the protection of geographical indications in intellectual property?
Producers or manufacturers representing the region have the right to use protected geographical indications and must adhere to agreed production standards.
What are the ways to protect geographical indications abroad?
The producer or manufacturer may submit a request to the competent authority in the foreign country to protect its geographical indication and stop encroachment upon it, based on the agreements signed between them and the Kingdom.
What is the difference between a brand and a geographical indication?
Ownership
A trademark is owned by an individual, institution, or company, while a geographical indication is owned by a group or association of local producers in a specific region.
Purpose of protection
Registration of a geographical indication protects national products associated with a region or country from infringement by third parties.
While the purpose of trademark protection is to protect the identity of the owner-owned trademark from imitation and distinguish it from all products on the market.
Geographical scope
A geographical indication is associated with products manufactured in a specific region only, while a trademark can be used on a variety of products regardless of the country of origin.
Protection period
The term of trademark protection is 10 years and must be renewed to remain protected under the trademark system.
The protection of the geographical indication continues as long as the product maintains its own link in the region.
Sellability and portability
A trademark may be sold, licensed, or mortgaged to others without violating Saudi Arabia’s intellectual property provisions.
On the contrary, geographical indications may not be sold or transferred to any party outside the region.
Nature of protection
The use of a registered trademark by third parties is prohibited, while the geographical indication prevents others from outside the region from imitating or misusing it.
What documents are required to register a geographical indication with the Saudi Intellectual Property Authority?
What documents are required to register a geographical indication with the Saudi Intellectual Property Authority?
The application for registration of the geographical indication shall be submitted to the Saudi Intellectual Property Authority in accordance with Article 5 of the Regulations, including the following attachments:
- A document that shows the product’s connection to a specific geographical area and that its quality, fame, or characteristics are due to that area.
- A document proving that the foreign geographical indication is protected in its home country, has the right to use it, and is licensed by a competent authority.
- User manual including the following data:
- Product name.
- Description of the product, indicating its characteristics, quality, elements included in its composition, and geographical area.
- Description of the production method.
- Any other data requested by the Authority.
What are the penalties for violating the provisions of the Geographical Indications System?
According to Article 21 of the Geographical Indications System, anyone who commits the following acts shall be punished with imprisonment for a period ranging from one month to three years and a fine ranging from 5,000 to one million Saudi riyals, or one of these two penalties:
- Illegal commercial use of a geographical indication or imitation thereof, such as naming a similar product that does not contain all the elements of the real product.
- Imitating the packaging or advertising method of the original product on which a geographical indication is used, causing consumers to be misled.
- Any use of a geographical indication constitutes an act of unfair competition.
Why do you need an intellectual property lawyer?
It is important to hire a specialized lawyer from the office of Attorney Abdul Majeed Al Rashid, who has extensive experience in intellectual property systems, to facilitate the process of registering geographical indications in intellectual property and protecting the rights related to them.
An intellectual property lawyer provides various legal services, including studying and analyzing the case, drafting legal memorandums and defenses, representing the client before the Saudi Intellectual Property Authority and dispute resolution committees, following up on registration procedures with the Authority, attending judicial sessions and pleading on behalf of the client, and other services.
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