Geographical Indications Protection Law

The Geographical Indications Protection Law is a comprehensive law that aims to provide full protection for geographical indications and prevent the unauthorized exploitation of the reputation associated with local products, recognized as geographical indications closely linked to specific regions within the Kingdom of Saudi Arabia. These products are considered to originate exclusively from these regions. The law also seeks to prohibit any imitation that could mislead consumers regarding the true source of such products. The Saudi Authority for Intellectual Property launched a draft law for public comments and feedback in 2020.

Geographical indications are signs affixed to a product, whether it is food, handicrafts, or agricultural produce, indicating that the product originates from a specific geographical location and also suggesting that the product has a quality or reputation attributable to its place of origin. Geographical indications encompass a wide range of products, including agricultural, food, industrial, and artisanal goods related to handicrafts.

The Geographical Indications Protection Law, comprising thirty-six articles, aims to provide comprehensive protection for geographical indications. It also seeks to prevent unauthorized individuals from misrepresenting any product renowned in various regions of the Kingdom as a geographical indication closely linked to the product's place of origin, which is the Kingdom. The draft law prohibits the imitation of Saudi products in a manner that would deceive consumers and mislead them about the commodity's authentic and original source. Furthermore, the draft law aims to enhance the competitiveness and marketability of local products by leveraging the protection offered by international agreements on intellectual property rights.

The following are entitled to the protection provided under this law: national geographical indications registered in the geographical indications registry; foreign geographical indications of World Trade Organization (WTO) member countries that provide reciprocal protection for national geographical indications and are protected in their country of origin and registered in the geographical indications registry; and foreign geographical indications protected under international agreements to which the Kingdom is a party.

The registration of a geographical indication is valid for ten years and may be renewed according to the procedures specified in the executive regulations of the Geographical Indications Protection Law. An application for the registration of a geographical indication can be submitted by one or more producers of the commodity from the region identified as the origin of the geographical indication, or by their representative, to the relevant authority. The application must include the following information: evidence that the product originates from the specified geographical region and that its quality, reputation, or other characteristics are essentially attributable to that region. If the application concerns a foreign geographical indication, it must be accompanied by evidence of its protection and use in the country of origin, along with proof that the applicant has the right to use it or is an authority responsible for its supervision. The evidence must be in Arabic or English. Additionally, proof of use and any other information specified in the regulations must be provided, along with the payment of the required fee as stipulated by the law and its regulations.

The Saudi Authority for Intellectual Property has undertaken the task of providing guidance and raising awareness regarding intellectual property, including geographical indications, which are considered part of its scope. In coordination with various relevant entities within the Kingdom, the authority has conducted a comprehensive survey to identify products eligible for registration as geographical indications. This survey has covered agricultural and food products, as well as national industrial products, handicrafts, and artisanal works. The authority is committed to ensuring the full protection of Saudi geographical indications.