Categories
Ministerial Decision

Saudi Authority for Intellectual Property: Decision 02/32/2024 Approving the Amendment of the Executive Regulation of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs

Arabic

The Board of Directors of the Saudi Authority for Intellectual Property, based on the powers and competences legally granted to it and based on the provisions of article 5(6) of the System of the Saudi Authority for Intellectual Property, issued by Council of Ministers Decision 496 dated 14 Ramadan 1439 [29 May 2018], and amended by Council of Ministers Decision 621 dated 20 Shawwal 1442 [1 June 2021],

based on article 63 of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, issued by Royal Decree D/27 dated 29 Jumada Al-Awwal 1425 [17 July 2004], amended by Council of Ministers Decision 536 dated 19 Shawwal 1439 [3 July 2018], and amended by Royal Decree D/45 dated 10 Rabi Al-Awwal 1445 [25 September 2023],

based on article 63 of the Executive Regulation of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, issued by the President of King Abdulaziz City for Science and Technology Decision 3607329-2-161 dated 30 Dhu Al-Hijja 1436 [14 October 2015], and amended by the Board of Directors of the Saudi Authority for Intellectual Property Decision 5/‏8 /2019 dated 4 Ramadan 1440 [9 May 2019],

after perusal of the Board of Directors Decision 05/28/2023 dated 18 Jumada Al-Thani 1445 [31 December 2023] approving the fee structure proposal,

and after perusal of the Executive Committee of the Board of Directors Recommendation 01/03/2024 dated 29 Safar 1446 [4 September 2024], including the appropriateness of presenting to the board of directors for approving the amendment of the Executive Regulation of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, and completing the necessary procedures in this regard,

and in pursuance of public interest,

hereby decides

First

The amendment of the Executive Regulation of the Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, as amended by Board of Directors Decision 05/08/2019 dated 4 Ramadan 1440 [9 May 2019] is hereby approved.  In accordance with the form attached (Document 01-‏585-‏IPL-‏Doc-‏SAIP).

Second

Chapter 12 of the regulation referred to in clause First of this decision comes into force upon completion of the legal procedures for the accession of the Kingdom to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs approved by Royal Decree D/243 dated 4 Dhu Al-Qa’dah 1445 [12 May 2024].

Third

The amendment to the amount of the processing fee for the international search and preliminary examination service approved by the Board of Directors Decision 05/28/2023 dated 18 Jumada Al-Thani 1445 [31 December 2023] is hereby approved, so that the processing fee is equivalent to 200 Swiss francs (paid to the international bureau) and is set as determined by the international bureau of the World Intellectual Property Organization.

Fourth

The provisions of the regulation referred to in clause First of this decision apply to protection application documents filed after the entry into force of the regulation, and protection application documents filed before the entry into force of the regulation for which a formal examination report or a first substantive examination report has not been issued.

Fifth

This decision must be published in the official gazette, and comes into force on the date of its publication.

Sixth

The chief executive officer of the authority shall complete the necessary procedures.

Seventh

This decision must be communicated to those who are required to implement it.

May Allah provide success.

Chairman of the Board of Directors
Al-Shihana bint Saleh Al-Azzaz

Issued on: 10 Rabi Al-Thani 1446
Corresponding to: 14 October 2024

Published in Umm Al-Qura 5060 issued on 13 December 2024.

Categories
Ministerial Decision

Saudi Authority for Intellectual Property: Decision 45381 The Controls for Registering the Name of Makkah Al-Mukarramah, Al-Madinah Al-Munawwarah, the Two Holy Mosques, or the Like in the Kingdom as Trademarks

Arabic

The Board of Directors of the Saudi Authority for Intellectual Property,

based on the powers entrusted to them by law,

based on article 5 of the System of the Saudi Authority for Intellectual Property  approved by Council of Ministers Decision 496 of 14 Ramadan 1439 [30 May 2018], as amended by Council of Ministers Decision 621 of 20 Shawwal 1442 [1 June 2021],

after perusal of article 2 of the Law of Trademarks issued by Royal Decree D/21 dated 28 Jumada Al-Awwal 1423 [7 August 2002],

after perusal of article 3 of the Trademarks Law of the Gulf Cooperation Council States approved by Royal Decree D/51 dated 26 Rajab 1435 [26 May 2014], and its amendments,

after perusal of the Board of Directors Executive Committee Recommendation 05/02/2024 dated 5 Dhu Al-Qa’dah 1445 [13 May 2024],

and after perusal of the relevant orders and decisions,

and in pursuance of public interest,

hereby decides

First

The application for registering the trademark that includes the name of Makkah Al-Mukarramah or the name of Al-Madinah Al-Munawwarah, the Two Holy Mosques, the Two Mosques, the Holy Mosque, or the like, whether in Arabic or any other language, are subject to the following controls:

1. That the trademark is associated with a large, qualitative, and distinctive real estate or service project in the two areas.

2. That the name referred to in First is one of the components of the trademark and not the essential element in it.

3. That the use of the name referred to in First in the trademark does not cause confusion with regard to the source or origin of the goods or services.

Second

These controls apply to applications for the transfer of ownership of the trademark—registered in accordance with these controls—or any other legal acts.

Third

The owner of the trademark registered on the basis of these controls shall, when using it, refrain from harming or distorting the image or reputation of the geographical area whose name is used in the trademark.

Fourth

The registration of the trademark on the basis of these controls does not grant an exclusive right to the owner of the trademark in the name used in it, and does not entitle him to prevent others from using this name.

Fifth

The certification mark or collective mark whose registration is requested may be registered as a geographical indication.

Sixth

These controls apply to applications for the registration of trademarks that have not been decided upon before the issuance of the controls.

Seventh

The chief executive officer of the authority shall issue the necessary decisions to implement these controls.

Eighth

These controls must be published in the official gazette, and come into force from the date of their publication.

May Allah provide success.

Advisor in the Royal Court
Chairman of the Board of Directors
Al-Shihana bint Saleh Al-Azzaz

Issued on: 29 Dhu Al-Qa’dah 1445
Corresponding to: 6 June 2024

Published in Umm Al-Qura 5038 issued on 13 July 2024.

Categories
Ministerial Decision

Saudi Authority for Intellectual Property: Decision 45044 Approving the Amendment of the Licensing Rules for Providing Intellectual Property Services

Arabic

The Board of Directors of the Saudi Authority for Intellectual Property, based on the powers and competences entrusted to it by law and on the provisions of article 3(11) of the System of the Saudi Authority for Intellectual Property, approved by Council of Ministers Decision 496 dated 14 Ramadan 1439 [29 May 2018], as amended by Council of Ministers Decision 621 dated 20 Shawwal 1442 [1 June 2021], stipulates that the authority, in order to achieve its objectives, shall licence activities related to the field of work of the authority,

based on article 5 of the regulation referred to above,

and after perusal of the Board of Directors Executive Sub-Committee Recommendation 03/04/2023 dated 19 Jumada Al-Awwal 1445 [22 September 2024],

and in pursuance of public interest,

hereby decides

First

The Amendment of the Licensing Rules for Providing Intellectual Property Services in accordance with the form of the proposal is hereby approved.

Second

The chief executive officer of the authority is hereby tasked with completing the necessary procedures.

Third

The amended licensing rules must be published in the official gazette, and come into force from the date of its publication.

May Allah provide success.

Minister of State and Member of the Council of Ministers
Chairman of the Board of Directors
Muhammad bin Abdulmalik Al-Sheikh

Issued on: 18 Jumada Al-Thani 1445
Corresponding to: 31 December 2023

Published in Umm Al-Qura 5038 issued on 13 July 2024.

Categories
Ministerial Decision

Saudi Authority for Intellectual Property: Decision 2023/T/14 Approving the Controls for Using the Name of Saudi and the Names of Cities, Regions, and Public Places in the Kingdom as a Trademark

Arabic Auto Translate

Issued on: 29/4/1445
Corresponding to: 13/11/2023

Published in Umm Al-Qura 5013 issued on 29 December 2023.

Categories
Ministerial Decision

Saudi Authority for Intellectual Property: Decision 04/26/2023 Amending the Controls and Criteria for Registering Family Names as Trademarks

Arabic Auto Translate

Issued on: 26/11/1444
Corresponding to: 15/6/2023

Published in Umm Al-Qura 4994 issued on 18 August 2023.