Abstract
This article examines the legislative situation relating to the legal application of trademarks in Saudi Arabia. It argues that despite the significant development of trademarks in general in Saudi Arabia, there is no clear version as to the law applied. As at 2021, there are two laws in force for trademarks in Saudi Arabia: the Saudi Trademarks Law 2002 and the Gulf Cooperation Council (GCC) Trademarks Law 2014. As a result, there is room for ambiguity and uncertainty in how the legislation may be interpreted. To fully explore this issue, this article first examines the law regulating trademarks in Saudi Arabia and the authorities that are responsible for the application of that law. The article then examines the issue of the co-existence of the two laws, as well as the legal position of those GCC countries which have adopted the GCC Trademarks Law. Keywords: Intellectual Property, Trademark, Gulf Cooperation Council, Regulation, Saudi Arabia DOI: 10.7176/JLPG/106-09 Publication date: February 28 th 2021
Highlights
In essence, a trademark is used to differentiate products or services of a particular source from others
In order to bring a civil action, to claim compensation, from an infringer, an organisation must apply to the commercial court.2 2.2.2 Saudi Authority for Intellectual Property (SAIP) Until February 2020, the Ministry of Commerce and Investment was the governmental body that had the responsibility for overseeing trademark registration and cancellation
In Saudi Arabia, the regulation of trademarks has been deemed important since the introduction of the first regulatory law of 1939 which clearly recognised the need to provide protection for both businesses and consumers and which, as a result, made trademarks an important part of running successful commercial enterprises
Summary
A trademark is used to differentiate products or services of a particular source from others. The ratification of the GCC Trademarks Law by Royal Decree No (M/51) in 2014, further aligned Saudi Arabia with international practices.
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