Regulations for the Protection of Geographical Indications in Saudi Arabia: Details and Conditions

In a strategic move aimed at enhancing the standing of national products and protecting them from unfair competition, the Saudi Authority for Intellectual Property (SAIP) has released the draft implementing regulations for the Geographical Indications Protection Law through the “Istilaa” platform. This step comes in implementation of Article 26 of the law, which mandates the SAIP Board of Directors to issue the regulations within 180 days of the law's publication, reflecting the Kingdom's commitment to developing the intellectual property environment according to the highest international standards.

What are geographical indicators and why are they important?

Geographical indications are a vital tool in international trade, identifying products that possess qualities, reputation, or characteristics primarily attributable to their geographical origin. In the Saudi context, the Kingdom boasts numerous products associated with specific regions, such as Al-Ahsa dates, Taif roses, and Khawlani coffee. Establishing a legal framework to protect these designations not only safeguards producers' rights but also prevents the exploitation of these trademarks by counterfeit or inauthentic products, thereby enhancing the market value of Saudi products both domestically and internationally.

Registration requirements and protection controls

The draft regulations specify the categories eligible to apply for registration of geographical indications, limiting them to legal entities representing producers' associations or competent authorities seeking recognition of indications within their jurisdiction. The regulations also emphasize the necessity of establishing a dedicated register containing all detailed data for the indication, including its description, associated products, and usage guidelines.

Among the most prominent controls stipulated in the regulations to prevent misleading information are:

• The indicator should be linked to natural or human factors that are characteristic of the region.
• The name should not be merely a common designation or a general description of the product.
• In the event of similar geographical indicators between different regions, the regulation stipulated the existence of a clear distinction that prevents confusion for the consumer.

Economic impact and enhanced competitiveness

This regulation goes beyond the legal aspect to directly affect the economic aspect; protecting geographical indications is a fundamental pillar in supporting the non-oil economy, which is one of the objectives of the Kingdom’s Vision 2030. By documenting these products, Saudi farmers and craftsmen can market their products at competitive prices that reflect their quality and authenticity, thus opening export doors to global markets with high confidence and reliability.

Strict procedures and implementation mechanisms

To ensure the system's effectiveness, the regulations grant the authority broad powers to examine and decide on applications within specific timeframes, with the possibility of enlisting the assistance of governmental and private entities to verify data. The regulations also guarantee the right of stakeholders to resort to the courts to request urgent precautionary measures, such as seizing counterfeit products or preventing their customs clearance, in order to avert any imminent risk that could seriously damage the reputation of the original product.