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Intellectual Property in Saudi Arabia

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Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.

Patents

Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.

To qualify for a patent, an inventor must invariably create something that is:

• Of patentable matter
• Unique to patentee
• Merited and can be utilised
• Innovative
• Non-obvious

Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.

Trademarks

Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.

Famous examples of trademarks are Coca Cola and McDonald's.

A patent can be granted to either Saudi or foreign citizens. Patents are valid for fifteen Hijri years (Islamic lunar years) from the date of grant. They may then be extended for an additional periods of five years.

Trademarks and service marks registration is governed by the Trademarks Regulation. Saudi Arabia subscribes to the International Classification of Goods and Services. However, trademarks pertaining to alcohol and pork are not permitted. Applications may also be rejected if they are offensive or contradict public morality.

You have the right to use the trademark for ten years from the date of filing the application. The trademark can be renewed for additional periods of five years. Use of trademarks in not compulsory for purposes of registration or keeping registration in force. A trademark may be cancelled if it was not used for a period of five successive years.

Copyright

Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.

Registration Office
The Patent Office for the Cooperation Council for the Arab States of the Gulf
P.O. Box 340227
Riyadh
11333
Saudi Arabia
Telephone: +96 61 482 9378
Fax: +96 61 482 9600
Website: www.gccpo.org/e-index.html

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