Saudi Gazette report

RIYADH— Saudi Arabia has approved the Geographical Indications Protection Law which aims to provide protection for geographical indications of local products. The royal decree issued in this regard prevents unauthorized individuals from exploiting or imitating the geographical indications in a way that misleads consumers about the true origin of these products.

The law will be implemented 180 days after its publication in the Official Gazette, and the Board of Directors of the Saudi Authority for Intellectual Property will issue the executive regulations for this law within the same period.

The new law stipulates penalties of imprisonment and fines for violations related to geographical indications. These penalties include imprisonment for a period of not less than one month and not more than three years, and a fine of not less than SR5,000 and not more than SR1 million, or one of these two penalties. The violations include illicit commercial use of a geographical indication, its counterfeiting, or any attempt to do so in any manner, such as naming or offering any similar product that does not possess all the elements and data specified in the instructions for use of that indication.

The same penalty applies to counterfeiting or attempting to counterfeit a product that uses a geographical indication in its shape, packaging, advertising, or any other way, which could cause confusion among ordinary people between the original and counterfeit products. The penalty also applies if a geographical indication is used in a manner that constitutes unfair competition.

Upon proof of these violations, the competent court may order the confiscation of the tools and equipment used in committing the violation, and the destruction of the products at the expense of the convicted party, or their disposal through non-commercial channels after the violation has been rectified.

The final judgment imposing the penalty may include a provision for its publication in a local newspaper published in the offender's place of residence or in any other media outlet. In case of a repeat of the offense, the penalty will be doubled, and the business or project will be closed, or its activity will be suspended, for a period of not less than 15 days and not more than six months.

Geographical indications are signs affixed to a product, whether it is food, handicrafts, or agricultural produce, indicating that the product originates from a specific geographical location and also suggesting that the product has a quality or reputation attributable to its place of origin. Geographical indications encompass a wide range of products, including agricultural, food, industrial, and artisanal goods related to handicrafts. The law aims to safeguard national products with qualities tied to their origin, such as Saudi dates, Taif roses, and Najran honey, preventing unauthorized use or consumer deception.

The Geographical Indications Protection Law is a comprehensive law that aims to provide full protection for geographical indications and prevent the unauthorized exploitation of the reputation associated with local products, recognized as geographical indications closely linked to specific regions within Saudi Arabia. These products are considered to originate exclusively from these regions. The law also seeks to prohibit any imitation that could mislead consumers regarding the true source of such products.

The law, comprising 36 articles, aims to provide comprehensive protection for geographical indications. It also seeks to prevent unauthorized individuals from misrepresenting any product renowned in various regions of the Kingdom as a geographical indication closely linked to the product's place of origin, which is the Kingdom. The law prohibits the imitation of Saudi products in a manner that would deceive consumers and mislead them about the commodity's authentic and original source. Furthermore, the law aims to enhance the competitiveness and marketability of local products by leveraging the protection offered by international agreements on intellectual property rights.

The regulations mandate the Saudi Authority for Intellectual Property to maintain a register of geographical indications. This register will record geographical indications, their components, registration applications, related transactions, and the necessary data, in accordance with the regulations and their implementing bylaws.