المملكة: Urgent | Strict controls to protect geographical indications… and fines of up to one million riyals

Adopted Intellectual Property in Saudi Arabia, as it provides precise legal protection for geographical indications, whether registered national or recognized foreign ones, in addition to indications protected under international agreements to which the Kingdom is a party.

Consumer Protection and Preventing Misinformation

The system explains in its third article that the main goal is to protect geographical indications and prevent unauthorized persons from exploiting or imitating them, which may lead to misleading the consumer about the true source of the products.

The protection approved by the system includes three main categories: It extends first to national geographical indications officially registered within the Kingdom, and also covers foreign geographical indications that are protected in their countries of origin and registered in their official records, in addition to foreign indications covered by international agreements concluded between the Kingdom and other countries, in a way that ensures a wide scope of protection and enhances the reliability and authenticity of products.

Article Four stipulates that the Authority will prepare a comprehensive register of geographical indications, which includes details of these indications, their components, and applications for their registration, in addition to all actions that occur to them. This register is an important reference for government agencies, investors and consumers.

As for Article Five, it specifies the basic conditions for registering any geographical indication, which depend on the natural or human factors of the region to which the product is linked, with the necessity that the indication not conflict with public order or international agreements, and not lead to confusion with Registered trade marks or plant or animal varieties with similar names.

Articles six through nine set forth the requirements related to registration applications, as they obligate the applicant to prove the direct connection between the product and the geographical area to which it belongs, while attaching a user guide that includes a detailed description of the product, its characteristics, its production mechanism and place of manufacture.

The articles impose the necessity of submitting additional documents when registering a foreign geographical indication, including evidence of its ownership. Protection in the country of origin, along with a certificate of authentication issued by the competent authorities, to ensure the accuracy of the data and enhance the reliability of registration procedures.

The Authority then carefully examines the application to verify that it meets the conditions, and takes a reasoned decision to accept or reject, ensuring transparency and fairness in protecting rights.

Protection of National Products

A noteworthy article in the system is Article 10, which grants the Authority the authority to register the national geographical indication on its own, even if the producer does not submit an application for registration. This is with the aim of protecting national products of fame or market value from illegal commercial exploitation.

Article Eleven guarantees the right of grievance to applicants whose applications are rejected, where an independent committee is formed to consider registration or delisting grievances, formed by a decision of the Council, and among its members is a statutory advisor to ensure the quality of the rulings.

The applicant has the right to grievance within 60 days of being notified, and then appeal before the competent court if the committee rejects the grievance or does not decide. In it.

The system confirmed in Article Twelve that registering a geographical indication does not grant any exclusive right to the applicant, but rather all producers within the specified geographical area have the right to use it, provided that they fully adhere to the approved usage guide.

The duration of registration is ten years, subject to renewal in accordance with Article Thirteen, which provides long-term protection and stability for producers and markets.

Deletion of violating indicators

The following articles include a precise regulation of cases of deletion of the indicator. Geographic, as the system grants the competent court the authority to cancel any indicator that is found to violate the basic conditions stipulated in Article Five, or if changes occur in the circumstances on which its registration was based, in addition to cases in which it is proven that the indicator was registered based on fraud or incorrect information, in a way that ensures that records are protected from any misleading use and maintains the credibility of the data.

The Authority can cancel foreign indicators whose protection has been withdrawn in the country of origin, while granting the aggrieved party the right to appeal.

/>
Article Fifteen obligates the Authority to publish an updated list of protected geographical indications and make it available to the public free of charge, which enhances the principle of transparency and enables the consumer to verify reliable products.

The system devotes the third chapter to control and investigation procedures, as Article Sixteen authorizes specialized inspectors to detect violations of the system, while granting them the status of judicial officers.

Consumer protection procedures

The subsequent articles define the roles assigned to the concerned authorities, as The entities subject to inspection were obligated to cooperate fully with the inspectors during the implementation of their duties, while the Public Prosecution was assigned the responsibility of investigating and prosecuting violations related to geographical indications, so that the competent courts would then decide on cases and claims for compensation, thus establishing an integrated supervisory and judicial system that guarantees the protection of rights and the organization of enforcement procedures. Possible violations, as these orders include describing the violation in detail, imposing a precautionary seizure on the products or tools used to commit it, in addition to preventing the entry of the violating products into the markets, while enabling the court to issue an immediate decision to stop the violation, which enhances the power of enforcement and ensures effective protection of rights.

Strict Penalties

In one of the most important chapters of the law, Article Twenty-One stipulates severe penalties against anyone who misuses or exploits geographical indications. By illegal means, as penalties include imprisonment for a period ranging from one month to three years, or the imposition of financial fines starting from five thousand riyals and up to one million riyals, with the possibility of combining imprisonment and a fine according to what the court deems appropriate, in a step that reflects the legislator’s keenness to protect these rights and prevent any misleading practices that affect the authenticity of products and their geographical identity.

The violations criminalized by the system include all forms of illegal use of geographical indications, including selling or displaying counterfeit products or engaging in any actions that are considered unfair competition. Lawful.

The system also allows the court to publish the text of the ruling in newspapers after it becomes final, while the penalties are doubled in the event of a repeat violation, reaching the point of closing the establishment for a period that may extend to six months, within a legislative framework aimed at deterring violations and protecting markets from commercial deception.

The concluding articles indicate the possibility of the Authority seeking the assistance of government agencies or the private sector to carry out its tasks, in addition to determining the financial compensation for the stipulated services.

Article Seven confirms The twenty-first day of implementation of the system takes place 180 days after its publication in the Official Gazette, which is a period that gives the executive authorities and producers sufficient opportunity to prepare their situations.

• For more: Follow Khaleejion 24 Arabic, Khaleejion 24 English, Khaleejion 24 Live, and for social media follow us on Facebook and Twitter