Intellectual Property Protection‎ in Saudi Arabia

Intellectual Property Protection in the Kingdom of Saudi Arabia encompasses regulatory efforts to oversee procedures and activities related to various domains of intellectual property in the Kingdom, including patents, industrial designs, integrated circuits, copyrights, trademarks, and plant varieties. In December 2022, the National Intellectual Property Strategy was introduced as an enabler supporting the realization of the objectives of Saudi Vision 2030.

The Kingdom's engagement with intellectual property began early in its history, just seven years after the country's unification by Founding King Abdulaziz Bin Abdulrahman Al Saud. In 1939, the first law under the title "Trademarks" was issued.

The Kingdom further demonstrated its commitment to intellectual property by joining the World Intellectual Property Organization (WIPO) in 1982 and has been an active member ever since. According to WIPO, intellectual property encompasses the creations of the mind, such as inventions, literary and artistic works, symbols, names, images, models, and industrial designs.

After joining WIPO, the Kingdom signed several international conventions and agreements under its supervision, including the Berne Convention for the Protection of Literary and Artistic Works; the Locarno Treaty, which established an international classification system for industrial designs; the Marrakesh Treaty, which facilitates access to publications for the blind, visually impaired, or print-disabled; the Paris Convention for the Protection of Industrial Property; the Patent Cooperation Treaty; the Patent Law Treaty; and the Vienna Agreement, which defines an international classification for the figurative elements of trademarks.

The journey of Intellectual Property Protection in the Kingdom has progressed through several institutional phases, culminating in the establishment of the Saudi Authority for Intellectual Property (SAIP). SAIP was initially founded under Council of Ministers Resolution No. 410 in 2017. Subsequently, its regulation was under Council of Ministers Resolution No. 426 in 2018 and later amended by Council of Ministers Resolution No. 57 in 2019.

The Saudi Authority for Intellectual Property operates based on several pillars that strengthen its vital role in intellectual property matters. These include achieving excellence in intellectual property operations, leading the system while fostering institutional excellence, promoting respect for intellectual property, enhancing the Kingdom's international influence, and maximizing intellectual property.

Under the amended regulation of the Saudi Authority for Intellectual Property, Article Three outlines its objectives: to regulate, support, develop, oversee, protect, enforce, and advance intellectual property fields in the Kingdom, adhering to international best practices.

The efforts of the Saudi Authority for Intellectual Property have elevated the Kingdom's standing in the field of intellectual property. According to the Global Competitiveness Report 2022, the Kingdom advanced four places in the Intellectual Property Rights Index, moving from thirtieth in 2021 to twenty-sixth in 2022. Similarly, the Kingdom climbed five positions in the Ease of Registering Intellectual Property rankings, as reported in the World Bank's Ease of Doing Business Report 2019.

To further institutionalize and enhance efficiency in intellectual property protection, the Saudi Authority for Intellectual Property launched the Intellectual Property Academy in collaboration with WIPO. This academy serves as a platform for intellectual property education and the development of experts in the field.

In the Kingdom, other entities collaborate to protect intellectual property alongside the Saudi Authority for Intellectual Property. These include King Abdulaziz City for Science and Technology (KACST), the Gulf Cooperation Council Patent Office, the Ministry of Media, and the Ministry of Commerce.

To enhance performance and align with advancements in intellectual property protection, the Saudi Authority for Intellectual Property has established strategic partnerships with: the Korean Intellectual Property Office (KIPO), the United States Patent and Trademark Office (USPTO), the China National Intellectual Property Administration (CNIPA), the Japan Patent Office (JPO), and the European Patent Office (EPO).

On December 22, 2022, His Royal Highness Prince Mohammed Bin Salman Bin Abdulaziz Al Saud, crown prince, prime minister, and chairman of the Council of Economic and Development Affairs, launched the National Intellectual Property Strategy. This strategy is an enabler for the realization of the objectives of Saudi Vision 2030, which aims to establish an intellectual property system that fosters an economy centered on innovation and creativity. The strategy seeks to create an intellectual property value chain that enhances competitiveness in innovation, supports economic growth, and positions the Kingdom as a leader in the intellectual property field.

The Crown Prince emphasized his vision for promoting creativity and innovation over the next five years through the National Intellectual Property Strategy, following the Council of Ministers' approval of the strategy. The Crown Prince stated, "We have minds and energies passionate about innovation and creativity, and by enabling them, the Kingdom will become a vibrant environment for a knowledge economy based on an integrated Intellectual Property ecosystem that develops innovative technologies and industries, and contributes to the growth of enterprises. The National Intellectual Property Strategy will further enable stimulating investment, create high-quality jobs, and raise awareness of creators and innovators rights."

To foster innovation and stimulate creativity, the National Intellectual Property Strategy is built upon four key pillars: the generation and management of intellectual property, investment in its commercialization, and its protection. To achieve these pillars, efforts are underway to strengthen cooperation and integration among national entities, positioning them as key partners in supporting global growth in innovation, creativity, and investment. This collaboration aims to enhance the Kingdom's capacity to generate intellectual property assets with economic and social value.

By embracing the National Intellectual Property Strategy, the Kingdom seeks to empower innovators - both men and women - across various fields, contributing to the development of an ambitious nation and a diversified, thriving economy. It also aims to attract researchers, entrepreneurs, and innovators from within the Kingdom and beyond, by promoting innovation, creativity, and respect for intellectual property rights.

On February 14, 2024, the Public Prosecution Council approved the establishment of the "Intellectual Property Prosecution," as part of the National Intellectual Property Strategy launched by His Royal Highness Prince Mohammed Bin Salman Bin Abdulaziz. This initiative aims to provide a distinguished environment for regulating, developing, and delivering judicial services in intellectual property fields. It is a key enabler in the realization of the objectives of Saudi Vision 2030 and ensures integration with the Public Prosecution for efficient governance of criminal cases related to intellectual property, promoting swift justice.

The Intellectual Property Prosecution specializes in investigating and prosecuting criminal cases involving violations of intellectual property rights, including those under the Law of Trademarks, Copyright Protection Law, as referred by the Saudi Authority for Intellectual Property, and Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs.

This prosecution strengthens prosecutorial work by providing comprehensive judicial protection for intellectual property and is staffed by qualified members of the Public Prosecution. These members have been trained and equipped with the necessary skills to meet legal standards for the criminal protection of intellectual property, contributing to creativity and innovation.

The Intellectual Property Clinicsare part of the Intellectual Property Enablement Programs, offering a range of specialized services across three main tracks. Offered through the Saudi Authority for Intellectual Property’s website, these services are provided by local and international experts and specialists in the field, aimed at transforming creative ideas into innovative products through the registration, protection, and utilization of intellectual property rights.

Guidance and Advisory Services Track: This track provides technical and legal guidance services to assist beneficiaries with inquiries related to the registration and protection of intellectual property rights both nationally and internationally. It also covers strategies for managing and enhancing intellectual property rights and ways to benefit from them, offered either in person or virtually.

Technical Services Track: Through this track, specialized technical services are provided, such as market and competitor analysis, and prior art search reports. These services help beneficiaries identify or develop innovative opportunities.

Intellectual Property-Based Enterprises Support Program Track: This track includes the Intellectual Property Accelerator Program, which aims to empower enterprises based on intellectual property rights. The program provides training and qualification for participants and connects them with a network of partners in business sectors and investors related to their products. The goal is to transform intellectual property rights into products or to finance existing products.

On January 4, 2024, the National Intellectual Property Rights Exchange Platform was launched, unveiling its identity as an initiative of the National Intellectual Property Strategy. The platform aims to foster creativity and innovation in light of the growth of new technologies and creative industries by digitizing the intellectual property trading process, offering a secure space for creators and innovators to buy, sell, or acquire intellectual property assets to enhance investment in intellectual property and ensure transparency and high reliability.

Additionally, the platform provides various support services through the creation of a national registry for service providers and licensed professionals in intellectual property-related fields, such as evaluation, mediation, and technical services for incubators and manufacturing laboratories, to facilitate transactions and access to services. The project is being executed under the National Intellectual Property Strategy, with a unified work agreement between national entities. These include the Saudi Authority for Intellectual Property as the project owner, the Saudi Data and AI Authority (SDAIA) as a strategic partner and digital enabler, and supporting national entities such as the Ministry of Industry and Mineral Resources, the Ministry of Communications and Information Technology, the Ministry of Justice, the Ministry of Culture, the Ministry of Education, and the Saudi Authority for Accredited Valuers.