Regulations for the Protection of Geographical Indications in Saudi Arabia: Conditions and Details
In a move aimed at strengthening national identity and protecting the Kingdom's agricultural and industrial heritage, the Saudi Authority for Intellectual Property (SAIP) has released the draft executive 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 Board of Directors to issue the regulations within 180 days of publication, reflecting the Kingdom's commitment to completing its intellectual property legislative framework.
What are geographical indicators and why are they important?
Geographical Indications are a vital legal and economic tool used to distinguish products that have a specific geographical origin and possess qualities or a reputation primarily attributable to that origin. These products are usually linked to natural factors (such as climate and soil) or human factors (such as traditional, inherited skills). This regulation is of paramount importance in the Saudi context, given the Kingdom's wealth of high-quality products such as Al-Ahsa dates, Taif roses, Al-Jawf olives, and Al-Baha honey. The new system will provide legal protection to prevent the exploitation of these regions' names to promote counterfeit or inferior products.
Registration requirements and prevention of misleading information
The draft regulations clarified that the right to apply for geographical indication registration is not granted to individuals indiscriminately, but is limited to specific categories that ensure the seriousness of the application, such as legal entities representing producers' associations, or competent authorities seeking recognition of indications within their jurisdiction. The regulations emphasized the necessity for the indication to be distinctive, prohibiting the registration of common names or generic descriptions that are not linked to a genuine geographical origin, in order to prevent misleading consumers about the product's origin or characteristics.
Comprehensive national registry and meticulous procedures
The regulations stipulate the establishment of a special register to record applications for geographical indications, whether domestic or foreign. This register includes detailed data such as product descriptions, usage instructions, and the natural and human factors affecting its quality. The regulations grant the authority broad powers in examining applications, allowing it to enlist the assistance of governmental or private entities to verify the accuracy of the data contained in the "Usage Instructions," with a 180-day period for deciding on the application after all required documents are submitted.
Economic impact and legal protection
The activation of this system is expected to increase the market value of Saudi products both domestically and internationally, as the Geographical Indication mark provides consumers with added confidence and justifies the price of the genuine product. To ensure this protection, the regulations stipulate the right of stakeholders to resort to the courts to request urgent precautionary measures in the event of imminent infringement. These measures include seizing the offending products, preventing their circulation, or halting their customs clearance, thus serving as a strong deterrent against illicit trade practices.
