Saudi Arabia invites comments on a new Intellectual Property law

Written By

melissa murray Module
Melissa Murray

Partner
United Arab Emirates

I am the head of the Intellectual Property Group for the Middle East offices and a partner in the International Commercial Group. I've practised in the UAE since 2006 and I'm ranked in IP Stars, Chambers & Partners, Legal 500 and Who's Who Legal for my commercial and intellectual property experience.

The Saudi Authority for Intellectual Property (SAIP) is inviting comments on a proposed new law to regulate intellectual property in the Kingdom.

The period for providing comments began on the 5th of April and ended on the 5th of May. The main objective of the new law is to meet international standards for the protection and management of intellectual property, to help promote openness and transparency on intellectual property procedures, to help harmonise the provisions in specialist laws, as well as encourage research, development, invention, and entrepreneurship in intellectual property areas and encourage researchers, inventors, and creators to create and use intellectual property rights. There has been no indication as to how long the comments will be considered or when the final version of the law is to be expected.

The draft covers most of the expected IP provisions to meet international standards. However, certain provisions have been included which go beyond what may be ordinarily expected. Most notably are the provisions regulating the creation of intellectual property with the use of Artificial Intelligence, the regulation of space activities and the protection of the Saudi National Anthem (the Folklore). The new law also refers to intellectual property moral rights, loan mechanisms, assets liquidation, licensing, and national security concerns.

In updating the current law, SAIP hopes to increase the number of patent applications filed in the Kingdom and encourages individuals and companies to participate in the creation of intellectual property assets.

The draft new law is another step towards the Kingdom’s significant advancement in establishing a cutting-edge legal framework for its rapid growth in their tech, entertainment, sports, and artistic hub. Investments such as the Kingdom’s Public Investment Fund (PIF) 38 billion spend into the gaming industry, Cristiano Ronaldo's deal with Al Nassr, and the ongoing projects in the artistic landscape further exemplifying their commitment. The updates to the IP region in Saudi Arabia further help support the country’s ambitions and are another positive step in protecting IP owners’ rights.

Authored by: Melissa MurrayRichard Gaugeler and Sarah Batarfi

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