With the help of Allah the Almighty
We, Salman bin Abdulaziz Al-Saud,
the King of the Kingdom of Saudi Arabia,
based on article 70 of the Basic Law of Governance issued by Royal Order O/90 dated 27 Sha’ban 1412,
based on article 20 of the Law of the Council of Ministers issued by Royal Order O/13 dated 3 Rabi Al-Awwal 1414,
based on article 18 of the Law of the Shura Council issued by Royal Order O/91 dated 27 Sha’ban 1412,
after perusal of Shura Council Decision 288/40 dated 23 Dhu Al-Qa’dah 1444,
and after perusal of Council of Ministers Decision 197 dated 4 Rabi Al-Awwal 1445,
have decreed as follows
First
The Law of Patents and Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs issued by Royal Decree D/27 dated 29 Jumada Al-Awwal 1425 is hereby amended as follows:
1. Two definitions to article 2 of the law are hereby added, with the following text:
(a) The Hague Agreement: The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs for the Year 1999.
(b) Organisation: The World Intellectual Property Organization.
2. Article 18 of the law is hereby amended to read as follows:
(a) An annual financial fee is due for the protection application or the protection document—in accordance with the schedule attached to this law—which must be paid at the beginning of each year, starting from the year following the date of filing the application, except for the annual financial fee for applications and certificates of international industrial designs filed in accordance with the Hague Agreement, which must be collected every five years from the date of filing the international application.
If the applicant or the document owner does not pay it within a deadline not exceeding three months from the due date, the due financial fee against him is doubled. If he does not pay it after being warned within the three months following the lapse of the first three months, the application or protection document is forfeited, and this must be recorded in the register and announced in the bulletin.
(b) The applicant may, after paying the prescribed financial fee for three years without granting protection, postpone the payment of the financial fee for subsequent years until the decision to grant the protection document is issued.
3. Paragraph (d) of article 19 of the law is hereby amended to read as follows:
(d) The period of protection of the industrial design certificate is fifteen years from the date of filing the application.
4. Article 60bis is hereby added with the following text:
1. International applications for the registration of industrial designs shall be subject to processing in accordance with the provisions of the Hague Agreement and its executive regulation.
2 Industrial design—registered in accordance with the Hague Agreement and for which the Kingdom has been designated as a country required to protect it, and the authority has not rejected registration within the rejection period—enjoys the same rights as industrial designs registered in accordance with this law, and publication in this regard has the same effect as publication arising in application of this law.
The regulation must specify the conditions, provisions, and procedures for this.
Second
His Royal Highness the Prime Minister, the ministers, and the heads of independent concerned authorities—each within their area of competence—shall implement this decree of Ours.
Salman bin Abdulaziz Al-Saud
Issued on: 10/3/1445
Corresponding to: 25/9/2023
Published in Umm Al-Qura 5001 issued on 6 October 2023.