A strategic step to boost the economy and protect national heritage
In a strategic move aimed at protecting national products and enhancing their competitiveness, the Saudi Authority for Intellectual Property (SAIP) has released the draft executive regulations for the Geographical Indications Protection Law. This draft, which was presented via the “Istilaa” platform to gather public feedback, complements the existing legislative framework designed to solidify producers’ rights and protect consumers from misleading practices, aligning with the goals of the Kingdom’s Vision 2030 to diversify the national economy and bolster non-oil industries.
The global context for protecting geographical indications
Geographical indications are defined globally as signs used for goods that have a specific geographical origin, and whose qualities or reputation are attributed to that origin. These indications are a vital tool for protecting the cultural and agricultural heritage of countries, as is the case with renowned products such as India's Darjeeling tea or France's Roquefort cheese. The protection of these indications is based on international agreements, most notably the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which obligates member states to provide the necessary legal protection to prevent their misuse. Through this regulation, the Kingdom affirms its commitment to international standards and works to build a comprehensive and reliable intellectual property system.
The importance of the regulations and their expected impact
This regulation is of paramount importance both domestically and internationally. Domestically, it will provide a legal framework to protect unique Saudi products with strong geographical ties, such as Saudi Khawlani coffee, Taif roses, and Al-Ahsa dates. This will not only protect these products from counterfeiting or the illegal use of their names, but will also contribute to increasing their economic value, supporting local farmers and producers, and encouraging the preservation of traditional production methods that are part of the Kingdom's cultural identity. Furthermore, it will give consumers greater confidence in the quality and authenticity of the products they purchase.
At the international level, registering and protecting Saudi geographical indications enhances the reputation of national products in global markets, opens new export opportunities, and prevents the exploitation of their names by producers in other countries. Furthermore, this advanced regulatory framework strengthens the Kingdom's position as an attractive investment environment aligned with global best practices in the field of intellectual property.
Key features of the draft regulations
The draft regulations precisely define the procedures and conditions necessary for registering and protecting geographical indications. Among its key provisions are:
- Identifying applicants: The regulation limits the right to submit a registration application to specific categories, such as legal entities representing producers' unions, and competent government agencies, to ensure that the application is submitted by an entity directly related to the product.
- Protection conditions: The regulation stipulated that the indicator should not be merely a common name or general description of the product, and that it should be distinctive and not cause any confusion or misleading of consumers about the true origin or characteristics of the product.
- User manual: The regulation requires the applicant to submit a detailed “user manual” that explains the product’s characteristics, its relationship to the geographical environment (natural and human factors), and the production and manufacturing methods used.
- Examination and publication procedures: The regulations have established a clear mechanism for examining applications within a period not exceeding 180 days, with the opportunity to appeal after the publication of accepted applications, thus ensuring transparency and fairness in the registration process.
- Legal protection: The regulation granted registered rights holders the ability to resort to the competent court to take urgent precautionary measures to prevent any imminent infringement of their rights, such as seizing counterfeit products or stopping their circulation.
