المملكة: To protect national products… 7 basic requirements in the list of geographical indications

The Board of Directors of National productsAnd consolidates the Kingdom’s position in the system of intellectual property rights protection.

The new regulation is one of the important regulatory tools that will organize the registration of national and foreign geographical indications, and defines the conditions of protection and mechanisms for registration, publication and objection, in a way that ensures the protection of products with a geographical connection from imitation or illegal exploitation, and increases their reliability in the markets.

Who is entitled to request registration?

The regulation specifies the categories that are entitled to apply for registration of indications. This right was granted to persons with legal status who represent producers of products related to the geographical area in question, in addition to the competent national or international authorities requesting recognition of geographical indications that fall within their jurisdiction.

This approach reflects the Authority’s keenness to open the way for production and regulatory bodies to benefit from the system, in a way that enhances the protection of local products and grants them official legal recognition.

A comprehensive national registry for geographical indications

It stipulates The regulation stipulates the creation of a special register in which all applications for registration of national and foreign geographical indications are recorded, including the names and addresses of applicants, descriptions of geographical indications and their components, associated products, and user manuals for them, in addition to any amendments or regulatory actions that occur to them later.

The regulation grants the Authority the power to add, modify or delete any data in the register if it is found that it has been wrongly included or is not in accordance with the truth, in a way that enhances the accuracy of the data and the integrity of the register. Regular.

Strict requirements for accepting a geographical indication

The regulations set a set of precise requirements for registering a geographical indication, the most prominent of which is that it be linked to natural or human factors, or both, such as environmental, climatic, or geographical characteristics, or traditional skills and expertise associated with producing the product.

It stipulates that the indication should not be merely a technical designation or a common general description of the product, its qualities, or its components, and that it should not only be a description of the type of product, with It must be visually or semantically distinct in a way that prevents misleading the consumer.

It is also a condition that the indicator must not, in essence, be based on the name of a natural or legal person that would lead to its monopoly, and that the applicant or the entity managing the indicator must not be one of the entities prohibited from dealing with it by law, with the necessity of linking the geographical indicator to the area specified in the user manual.

Special controls for similar indicators

The regulations address cases in which there is a geographical indicator bearing The same meaning in more than one geographical region, as it required that the indicator include a clear identification of the region in which the product is produced, and that it be accompanied – if it has a visual representation – with an image or symbol that distinguishes it from others.

It obligated applicants to clarify the different characteristics in the user guide, in a way that prevents confusion or misleading in the market.

Mechanisms for Submitting Applications

The regulations specify that the application for registration of the geographical indication must be submitted according to an official form approved by the The Authority, provided that all data and forms are in Arabic, with the possibility of submitting documents in other languages provided that a certified translation is attached in accordance with the Authority’s requirements.

It permitted the submission of national or foreign applications through intellectual property agents registered with the Authority, stipulating that each application be limited to one geographical indication only.

The regulations obligated the applicant to prove his capacity as a producer or representative of a group of producers or a competent authority, to ensure that the registration is done by the real stakeholders.

Mandatory data in the registration application

The regulations clarify that the registration application must include the name and address of the applicant, the name of the agent – if any – and the agency document, in addition to the name and type of the geographical indication, the geographical area associated with it, and a publishable image of the shape of the indicator if it has a visual representation.

In the case of foreign geographical indications, it is necessary to provide the number and date of its registration in the country of origin, and to prove the applicant’s right to use or supervise it, along with The possibility of requesting an authentication certificate from the Authority within 90 days.

Usage Guide

The regulations devote a wide space to what is called "User guide"which is considered the essential document in the registration file, as it must include the name of the product, a description of its characteristics, its connection to the geographical area, production mechanisms or methods, and the elements involved in it if it is food, agricultural, natural, craftsmanship or industrial.

It includes specifying the officially approved name of the geographical area, and stating the effect of natural and climatic factors on the product, and the method of packaging – if any – in addition to clarifying the human intervention affecting the product.

The regulation confirmed The Authority will verify that the user manual fulfills all requirements, with the possibility of enlisting the help of government agencies or the private sector to review objective data depending on the nature of the indicator to be registered.

180 days for examination and procedures for publication and objection

The regulations set a period not exceeding 180 days for examining the application for registration of a geographical indication after completing the documents, with the possibility of extending it for a similar period if additional procedures are required, provided that the applicant is notified of this in advance.

Also. The Authority has granted the authority to request completion or amendment of documents within 30 days, otherwise the application will be considered as if it did not exist.

If the application fulfills all conditions, the applicant will be notified in preparation for the official publication of the application, allowing every interested party to view it and submit grievances or objections in accordance with the statutory procedures.

Publication includes basic data, such as the name of the applicant, the application number and date, an image of the geographical indication if any, in addition to the user manual and the products associated with it and any restrictions or Requirements.

30 days to appeal the registration decision

The regulations stipulate that every interested party is granted the right to appeal the decision to accept the application for registration of a geographical indication before the competent committee, within a period not exceeding 30 days from the date of publishing the registration decision, in a step that enhances transparency and ensures that the right of objection is available to all affected parties.

According to the regulations, the committee is obligated to inform the applicant of the grievance within 30 days of submitting it, provided that it is before the The applicant has a period of up to 60 days to submit a written response, and in the event of failure to respond, the committee may decide on the grievance based on the available documents.

The regulations obligated the committee to issue its decision within 60 days of completing the requirements for considering the grievance, while giving those affected the right to object before the competent court within 60 days from the date of notification of the rejection decision.

The regulations confirmed that the scope of the grievance is limited only to registering the geographical indication itself, without extending to the data. Or the elements mentioned in the user guide.

When does the registration become final?

The regulations specify that the Authority publishes the decision to register the geographical indication 30 days after publishing the registration request without any grievance being received, or after a final decision is issued rejecting the grievance, after completing all the regular registration procedures.

The registration decision includes detailed data that includes the start and end dates of protection, and the registration number of the indicator in the country of origin for foreign indicators, in addition to international registration data if Found.

It also stipulates the issuance of an official registration certificate that includes the number of the geographical indication, the duration of protection, the name of the entity in whose name it is registered, and a picture of the indicator if it has a visual representation.

Exceptional power of the CEO

The regulations granted the CEO of the Authority the power to issue a decision to register the national geographical indication even if there is no prior registration request, or if its protection period has expired and no one has applied for renewal, if non-registration may lead to damage to the Kingdom’s reputation internationally, or affect its competitiveness. National products, or registration achieves a public interest.

Specialists believe that this article gives the Authority a proactive tool to protect national products of strategic importance.

Flexibility in amending data and updating the user guide

The regulation allowed the applicant whose name is registered in the geographical indications registry to request amending his basic data, such as name, address, or agent data, according to an approved official form.

It allowed amending the elements of the user guide in specific cases, such as updating methods. Production, or the addition of new technologies that do not affect the essential characteristics of the indicator, or the inclusion of climate or environmental changes that directly affect the products associated with it.

The Authority was obligated to publish any amendment that occurs to the register or to the user manual, in a way that ensures transparency and the continuity of updating official information.

Renewal of registration… and loss of protection in the event of delay

The regulations have specified a clear mechanism for renewing the registration of a geographical indication, as a renewal application can be submitted during the last year of the protection period, or during One year after its expiry.

However, it clearly stipulates that protection expires automatically if the application for renewal is not submitted within the specified period, which reinforces the importance of periodic follow-up of registered rights.

Mechanisms for Cancellation of National and Foreign Indicators

The regulation clarifies that the Authority shall cancel the national geographical indication if a final ruling is issued to that effect by the competent court.

As for foreign geographical indications, a decision to cancel them shall be issued if it is proven that protection has been lost in the country of origin, whether Through official documents submitted by stakeholders or through official international bulletins and records.

The regulation grants stakeholders the right to appeal the delisting decision in accordance with the approved statutory procedures.

A supervisory system to control violations

The regulation provides detailed materials for the mechanisms for controlling violations, as the task is entrusted to the Authority’s inspectors, who handle complaints and reports related to violations of the provisions of the system.
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It obligated complainants to use an approved official form, while giving the Authority the right to reject the complaint or suspend consideration of it if it does not meet the regulatory requirements. It also obligated the Authority to consider complaints within a period not exceeding 90 days from the completion of the documents, with the possibility of extension when needed.

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