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Overview of Saudi Arabia’s design system

Picture of 弁理士 杉浦健文

1. Registration requirements (conditions for design registration)

In order to receive protection as a design in Saudi Arabia, the following requirements must be mainly met.

  • Novelty: The design must be globally novel. A design that has been publicly used or published anywhere else before the filing date (or priority date) cannot be registered. In other words, the condition is that it is not publicly known either domestically or internationally.

  • Public order/morals, etc.: Designs that would be used commercially in violation of Sharia (Islamic law) cannot be registered. Furthermore, designs for products that may harm the life or health of humans, animals or plants, or be harmful to the environment will not be allowed to be registered. The purpose of this is to exclude designs that violate public order and morals and public safety.

  • Industrial design: Protection is defined as "two-dimensional lines or colors, or three-dimensional shapes that give an industrial product or traditional craft a distinctive appearance." Therefore, a shape that is determined purely by function (a purely functional shape) that does not have an aesthetic appeal cannot be protected as a design (by definition, a design must have aesthetic characteristics). In addition, a design must be applied to some kind of product, and mere works of art themselves are not subject to the design system.

  • Unity of design: The principle of one application, one design is adopted, and only one independent design can be registered in one application (the same applies to international applications described below). It is not possible to apply for related variation designs all at once. Furthermore, partial designs, related designs, set designs, and secret design systems that are recognized in Japan do not exist in Saudi Arabia.

  • Others: If the applicant is not the inventor (creator), there are also requirements regarding ownership of rights, such as being a legitimate successor (certificate must be submitted at the time of application as described below). Furthermore, if the content of the design violates laws and regulations (for example, imitation of the national flag or official emblem), registration will be refused (these are generally non-registrable in other countries as well).

If the above requirements are met and there are no formal deficiencies, the design can be registered. In the Saudi Arabian design system, substantive examination (substantive examination of novelty, etc.) is not conducted, and applications that meet the formal requirements are registered by paying a registration fee (see the application procedure below for details). Therefore, if a design that violates the registration requirements (novelty, etc.) is registered, the registration is subject to cancellation through an opposition filed by an interested party or an invalidation trial.

2. Application procedures (submitted documents, language, method, availability of online procedures, etc.)

Competent authority: The Saudi Authority for Intellectual Property (SAIP) has jurisdiction over design applications in Saudi Arabia. The general flow from application to registration is as follows.

  • Language of submission: In principle, applications must be submitted inArabic. However, in recent years it is also possible to submit application documents in English, in which case an official Arabic translation must be completed within three months from the date of submission. By using English submission, you can secure the preparation period, but please be careful as failure to submit the translation within the deadline will result in a flaw in the procedure.

  • Online application: SAIP has an online application system, which allows electronic filing. Applicants can apply for designs through SAIP's electronic portal (formerly KACST's ePatent system). Fee reduction measures (e.g. electronic filing discount) may be applied to online applications (see below).

  • Local agent: When a foreign corporation or foreign resident applies for a design in Saudi Arabia, it is necessary to appoint a local registered agent (patent attorney). Application procedures are carried out through an agent, and communications with government offices are also handled through the agent.

Required documents: When applying for design registration, submit the following documents and information.

  • Application form: An application form containing basic information such as the name and address of the applicant and creator (designer). If there are multiple applicants, designate a representative applicant.

  • Detailed information on the design: Design name (title), description of the design, classification in the International Design Classification (Locarno Classification), etc. The type of product to which the design belongs (purpose and product name) will also be clearly indicated.

  • Drawing or photograph: A drawing or photograph representing a design. It is recommended that multiple views be submitted so that all parts of the design are visible. The submitted drawings determine the scope of protection of the design right. If the property is characterized by color, a color drawing must be submitted, and if there are any parts that are not protected, that part must be drawn with a broken line to indicate that it is outside the scope of the copyright. No characters other than explanatory text or numbers may be included in the drawing. Generally, if the design is a three-dimensional product, we will prepare drawings from 5 to 6 directions, such as front, back, left, right, top, and bottom, as well as perspective views if necessary. In the case of two-dimensional designs (patterns, etc.), a plan view is sufficient, but in any case, a drawing that visually discloses the ``complete form of the design'' is required.

  • Priority information (optional): When claiming priority under the Paris Convention, the country, application number, and filing date of the earlier application should be indicated in the application. In order to claim priority, it is necessary to file an application in Saudi Arabia within6 months under the Paris Convention, and retroactive recovery is not allowed if the deadline has passed. A certified copy of the priority document must be submittedwithin three months of filing.

  • Power of Attorney: If filing through an agent, the applicant must submit a power of attorney in a form acceptable to SAIP. For applicants residing in a foreign country, you must submit an original document that has been notarized and apostilled within 3 months from the filing date (copies will be provisionally accepted at the time of application). Saudi Arabia joined the Hague Convention (a convention that does not require certification) in December 2022, and currently requires an apostille instead of consular certification. A power of attorney can also be created generically as a general power of attorney, which once submitted can be reused for future applications if properly authenticated.

  • Deed of assignment (assignment): If the applicant is not the original creator of the design (for example, if a company applies by inheriting the rights from the designer), it is required to submit a deed of assignment from the creator to the applicant at the time of filing. The deed of transfer must be notarized and apostilled.

  • Fees: Payment of the prescribed application fee is required. Pay using a credit card, etc. on the electronic application system (the amount of the fee and the reduction/exemption system will be explained later).

Examination/Registration Procedure: A formal examination will be conducted to check whether the submitted documents are complete and whether the necessary requirements are met. In Saudi Arabia, substantive examination is not conducted in Saudi Arabia, and judgments such as novelty are not made at the examination stage. Once the formal requirements are cleared, SAIP will notify you of the registration assessment (registration permission), and the design will be registered by paying theregistration fee (maintenance pension for the first year). Saudi Arabia's design system does not have an application publication system and is not made public before registration. Once registration is complete, the registration will be announced in the Official Gazette and a registration certificate will be issued.

Opposition: After the registration is published, a third party can file an opposition against the design registration. The opposition period is 90 days from the date of publication in the official gazette (the opposition period for trademarks is 60 days, but there is information that it is 90 days for designs). If an objection is filed, SAIP will examine the reasons for the objection and make decisions, such as canceling the registration or instructing corrections, as necessary. If there is no objection after the objection period, the registration will be maintained. Even after the opposition period, interested parties can contest the registration by filing an invalidation trial.

Processing period: The standard processing period from application to issuance of registration certificate is approximately 10 to 12 months. This is a relatively quick procedure as there is no substantive examination. However, the period may be extended due to amendments due to document deficiencies, delayed payment of fees, filing of objections, etc.

3. Drawing requirements (formal requirements, number of views, etc.)

Drawings (or photographs) submitted in Saudi Arabian design applications have the following legal and practical requirements and precautions.

  • Full disclosure: The drawing or photograph must fully represent all parts of the design. At least include views from the main viewpoints of the product (front, back, left and right sides, top, and bottom), and add perspective views and enlarged views as necessary. If the submitted drawings are insufficient and the form of the design is unclear, amendments may be required during formalities examination.

  • Color and monochrome: Drawings can be submitted in black and white, but if you want to protect the color itself, you must submit a color drawing. If you submit a color drawing, the scope of your rights will include the colors. On the other hand, if specific colors are not included in the scope of rights, it is recommended to use black and white drawings.

  • Exclusion by dashed line: If there is a part for which protection is not sought (part not included in the design), you can exclude that part from the scope of the design right by drawing it with a dotted line. For example, if you want to register only part of the product as a design, indicate the remaining part with a broken line. However, Saudi Arabia does not have a partial design system, and the dashed line exclusion is only used as a means of specifying the scope of the design right for the entire product (note that the entire product is registered as one design).

  • Displays in drawings: It is stipulated that text information (explanatory text, etc.) other than simple characters indicating the drawing number and orientation may not be written in drawings. The explanation should be written in the "Description of the Design" column of the application, and the drawing itself should be limited to a view number (Fig.1, Fig.2, ..., etc.). Each figure should be submitted on paper in an easy-to-read size and resolution, and it is also possible to publish multiple figures on one page. Figure numbers are serial numbers and are added to the bottom of the figure.

  • Drawing format: For electronic filing, the drawing file should be uploaded in the format specified by SAIP (usually JPEG or PDF). There are no clear regulations regarding the dimensions and resolution of drawings, but they must be clear enough to be legible. Photos of three-dimensional objects are also accepted, but we prefer images that clearly show the shape of the product, such as using a single color background and clear shadows.

As mentioned above, drawings are extremely important elements that determine the content of design rights. Inappropriate drawing submissions can lead to insufficient or unclear scope of rights, so it is recommended that you thoroughly check with your local agent before submission.

4. Target of protection (what is protected as a design)

Scope of protected designs: Designs that are protected in Saudi Arabia arethe exterior designs of industrially mass-producible products and traditional crafts. Specifically, a design is defined as "two-dimensional lines, colors, or three-dimensional shapes that give an industrial product or traditional craft a unique appearance." Therefore, the following items may be subject to protection:

  • Product shape design: The three-dimensional shape of the product itself (e.g. the shape of furniture, home appliances, containers, mechanical parts, etc.).

  • Patterns and designs on the surface of products: Patterns and designs on the surface of products (e.g. wallpaper patterns, fabric patterns, tableware patterns, etc.). Even a two-dimensional pattern can be registered as a design if it is applied to a product and characterizes the product's appearance.

  • Arrangement of colors: Arrangements of colors combined with shapes and patterns are also subject to protection. For example, the coloring design of a product is also included in a design if it is characterized not as a mere color name but as a specific arrangement or combination.

In short, Creations related to the appearance (aesthetic features) of a product can be protected by design rights, as long as they are not directly related to the functionality of the product. What is important here is that design rights protect the aesthetic features of a product, and the structure and function of the product itself are the domain of the patent system. Therefore, if the shape is determined purely for functional reasons (e.g. a shape solely for joining parts together), it may not be recognized as a design. The premise of a design is that it has a creative "appearance".

What is not protected: Anything that does not fit the above definition is not eligible for design protection. For example, the following cannot be registered as a design.

  • Ideas, concepts: Design ideas or concepts (not embodied in a product) are not protected.

  • Function itself: The functional aspects of an article (shape that produces a technical effect, etc.) are the domain of patents, not designs. Design rights do not extend to functional features.

  • Copyrighted works: Pure works of art, paintings, sculptures, etc. fall under the category of copyright, and there is no system for registering them as designs (however, product designs that apply them can be considered designs).

  • Trademark-like shapes: Three-dimensional shapes and logo designs that function as three-dimensional trademarks are subject to the trademark system. It is not possible to register a design as a monopoly (although it is possible to protect the same design with both design rights and trademark rights, but the purposes are different).

Partial designs/related designs: There is no system like in Japan that protects only a part of a product as an independent design or protects similar designs all at once as related designs. A single design registration will be obtained for each product. In addition, combination designs (uniform designs for the entire set of products) are not recognized under the system and must be filed separately for each component of the set.

From the above, it should be noted that in Saudi Arabia, designs as industrial property rights are limited to the "external design of industrial products, etc." Although this is not significantly different from the Japanese design system, there are practical differences such as the lack of a partial design system.

5. Loss of novelty exception (grace period)

Saudi design law also allows novelty exceptions (grace period) in certain cases. However, the scope islimited and does not provide a broad reprieve from general self-disclosure. Specifically, in the following cases, novelty will not be lost even if the patent is published prior to filing.

  • Exhibition at an official international exhibition: If the design is exhibited and published at anofficially recognized international exhibition held in a country that is a member of the Paris Convention within 6 months before filing, such publication will not be considered to be in the public knowledge that would prejudice novelty. For example, even if a product design for which you are planning to apply is published at an officially recognized world exposition, etc., as long as the application is filed within six months, the design will not lose its novelty due to its own publication.

  • Unauthorized disclosure by a third party: The novelty exception also applies in the case ofunauthorized disclosure or divulgence by a third party against the will of the applicant (or its previous right holder). This is also limited to fraudulent disclosures that occurred within six months of the filing date. Examples include theft or leakage of design data, or leakage due to breach of contract.

Other than the above two cases, Saudi law does not allow exceptions to novelty for ordinary public announcements, such as when the applicant himself announces the design on a website or publication. Therefore, even if it is your own presentation, if you make it widely available outside of a public exhibition, it will lose its novelty and your subsequent application may be rejected.

The grace period is short at 6 months, so if you want to obtain design protection in Saudi Arabia, it is important to do as little as possible to make the application public as little as possible. If you have no choice but to announce your work at an exhibition, etc., you must check whether it is an official exhibition and promptly apply (within 6 months).

In addition, the Design Law Treaty (DLT) adopted in Riyadh in November 2024 proposes that each country adopt a 12-month grace period. There is a possibility that Saudi Arabia will amend its domestic laws in the future to expand the grace period period, but at present (2025) it is limited to 6 months and only for limited reasons as described above.

6. Protection period

The term of design rights in Saudi Arabia is 15 years from the filing date (or priority date). This was extended from the previous 10 years to 15 years due to the legal amendment (Royal Decree M/45) in September 2023. The revised law will come into effect on October 3, 2023, and the new expiration date will be extended to designs whose duration will expire after this date.

  • Term of protection under the new law: The maximum period is 15 years (without extension). This is consistent with many international standards (standards of Hague member states). After 15 years, it cannot be renewed or extended and the rights will expire.

  • Transitional measures under the old law: Some designs registered before the revision (up to 2023) have an expiration date of 10 years. Specifically, designs filed before January 1, 2013 will have 10 years of protection, which will expire as before. On the other hand, for designs filed on or after January 1, 2013, the protection period has been extended from the original 10 years to 15 years, but you will be required to pay a pension for the extended period (from the 11th year onwards). The authorities have taken measures to allow existing design rights holders to extend the term of their design rights up to 15 years if they pay the 11th year maintenance pension by May 23, 2024.

  • Time of rights accrual: In Saudi Arabia, the date of issuance of the design registration certificate = establishment registration date is the date of rights accrual. It does not claim validity retroactively from the filing date (although protection under other laws such as unfair competition prevention may be available separately, the design right becomes effective after registration). Therefore, counterfeit acts that occur between application and registration cannot generally be pursued as infringement of design rights after registration.

Maintenance pension system: Design rights in Saudi Arabia have anannual pension (maintenance fee) payment system. The first year is included in the application fee, but the right will not continue unless you pay the prescribed maintenance feeevery year from the year following registration. The payment deadline for pension is from January 1st to March 31st of each year, and the amount for that year must be paid by the due date. For example, if the design is registered in 2025, the pension will be paid annually during this period from 2026 onwards. If payment is delayed, the rights will expire after a certain grace period. Pension amounts may be set to gradually increase over time, but it has been reported that changes have been made to the pension amount structure in the 2023 revision.

Special provisions when using the Hague system: As described below, Saudi Arabia has joined the Hague International Registration System, but for designs internationally registered through The Hague, pension payments are subject to international renewal every five years. In other words, in the case of international registration, the validity in Saudi Arabia is maintained by paying the renewal fee to WIPO every five years, and there is no need to pay domestic pension annually. In this regard, please note that the maintenance procedures are different for domestic applications and international applications.

7. Fee reduction/exemption system (for small businesses, students, etc.)

The Saudi Arabian Intellectual Property Authority (SAIP) has established a reduction system for fee categories according to the applicant's attributes. Specifically, there is a difference in the official fee amount for individual applicants (natural persons) and corporate applicants. In the case of design applications filed by individuals, the official application and registration fees are generally set at half price. For example, the application fee for a design is 800 Saudi Riyals (approximately ※ yen) for a corporation, but it is discounted to 400 Saudi Riyals for an individual applicant (in the fee schedule published in this way, the reduced amount is shown in parentheses). Similarly, registration fees and pensions are set at low prices for individuals.

Currently, the main official preferential treatment is the above-mentioned "individual vs. corporation" tax reduction, and no further discount systems have been announced specifically for students or small and medium-sized enterprises. However, as part of its intellectual property promotion measures, the Saudi government is said to be considering support for domestic small and medium-sized enterprises and young entrepreneurs to acquire intellectual property. It is possible that fee reductions and exemptions will be expanded in the future for applicants who meet certain conditions.

Saudi Arabia has also participated in various international intellectual property support programs in recent years. For example, we are participating in the Inventor Assistance Program and exchanging information on fee reduction/exemption systems among regional intellectual property offices in the Middle East and North Africa. Due to this trend, there is a possibility that generous reductions and exemptions will be implemented for domestic applicants, but as of 2025, it remains a simple classification of "individual applicants = half price".

Additionally, there may be some operations where using electronic filing can result in lower fees than paper filing. Although it has not been officially announced by the Saudi Intellectual Property Office, there may be some incentives in place to encourage online procedures (some have pointed out that the bracketing of filing fees suggests a discount for electronic filing). In any case, it is advisable to check with SAIP or your local agent for the latest fee schedule before filing.

8. Power of attorney (need to submit, authentication required, etc.)

Requirement of submission: When filing a design application in Saudi Arabia, if the applicant does not reside in Saudi Arabia, the involvement of a local agent (patent attorney, etc.) is essential. When proceeding through an agent, it is legally required to submit the power of attorney given to the agent to the Intellectual Property Office. Therefore, in cases where the applicant is a foreign company or a foreign resident, it is essential to submit a power of attorney. Conversely, if an individual or corporation residing in Saudi Arabia applies by self, an agent is not required, so a power of attorney is not required.

Format of certification: The power of attorney submitted must be officially certified. Specifically:

  • If the applicant is domestic (residing in Saudi Arabia): Prepare a power of attorney certified by a notary public in Saudi Arabia. If it is issued domestically, that is sufficient.

  • If the applicant resides abroad: Previously, a power of attorney notarized in the applicant's location was required to be authenticated at the Saudi embassy/consulate in the applicant's location. However, since Saudi Arabia has joined the Hague's ``Apostille Convention'', it is now possible to omit consular authentication at the embassy and instead suffice to have an apostille. In other words, if you submit a power of attorney that has been notarized and apostilled in the applicant's home country, it will be recognized as a valid power of attorney. However, it has been pointed out that if the Saudi Intellectual Property Office deems it necessary, additional confirmation by the Saudi Ministry of Justice may be requested.

Submission deadline: The deadline for submitting the original power of attorney is within 3 months from the filing date. It is permitted to submit a copy at the time of application and send the original at a later date. This deadline cannot be extended, so if you are applying from overseas, you will need to prepare and have your power of attorney certified as early as possible. In particular, you need to be careful as consular authentication often takes time, but now that only an apostille is required, the hurdle has been lowered somewhat.

General Power of Attorney: Saudi Arabia also recognizes the system of General Power of Attorney. Once you create and certify a general power of attorney and leave it with your agent, you can proceed with multiple applications without submitting separate powers of attorney. Companies that are expected to file large-scale applications can save time by using a general power of attorney. However, it is advisable to set an expiration date on the general power of attorney and update it regularly.

Other documents: As mentioned above, if the applicant is not the creator, an Deed of Assignment (Assignment) must also be submitted. As with the power of attorney, the original of this deed of assignment must be notarized and apostilled and submitted at the time of application. Please be careful not to confuse a power of attorney and a deed of assignment, as they are two different things (a deed of assignment is proof of title ownership, and a power of attorney is proof of authority to act on your behalf).

9. Infringement litigation (exclusive jurisdiction, legal proceedings, burden of proof, etc.)

There have been major system changes in recent years regarding dispute resolution for design rights infringement in Saudi Arabia. Previously, patents and designs were under the jurisdiction of the Administrative Commission (Patent Disputes Committee), but from February 2020, the matter has shifted to judicial proceedings, and the system has been changed to a system in which the Commercial Court (Intellectual Property Specialist Division) handles the matter exclusively.

  • Exclusive jurisdiction: Intellectual Property Division of the Commercial Court handles design infringement cases. Commercial courts in major cities such as Riyadh and Jeddah have divisions in charge of IP litigation, and cases are usually heard by a three-judge panel. Previously, all cases were consolidated in a committee within the King Abdulaziz City of Science and Technology (KACST), but now that they have been moved to the Court of Justice, it is now possible to file lawsuits from anywhere in Saudi Arabia, making it more convenient.

  • Court procedure: Design infringement lawsuits are conducted in accordance with civil procedure. The plaintiff (design right holder) files a complaint in the commercial court to bring an action. The complaint clearly states the facts of infringement (the defendant's product is similar to the plaintiff's design and is being manufactured and sold without permission) and the claim (injunction, damages, etc.). After receiving the complaint, the court issues a summons to the defendant and orders him to submit a written answer. After that, a judgment will be reached after evidence is submitted and a hearing is held. In Saudi court practice, there are many cases in which the parties sort out the issues through written submissions and oral arguments in court, and the trial is completed within a few dates. Additionally, the court may request the opinion of a technical expert or conduct on-site inspections, if necessary.

  • Burden of proof: The plaintiff (design right holder) has the burden of proving infringement. Specifically, it is necessary to prove that one's own design right exists validly (by presenting a certificate of registration) and that the defendant's product is substantially the same or extremely similar to the design. It is understood that the standard for determining infringement of design rights in Saudi Arabia is based on the similarity of the overall impression given to the exterior appearance. The important point is whether the designs appear to belong to the same range to the general consumer's eyes, rather than subtle differences in design. The defendant can claim differences from the plaintiff's design or assert the invalidity of the plaintiff's design rights by filing a counterclaim (or requesting an invalidation trial). Since there is no substantive examination, it is expected that the defendant in an infringement lawsuit will argue that the design is not novel and invalid, and the court will also determine the validity of the design at the same time.

  • Relief (injunction, compensation, etc.): If the plaintiff is successful, the court will issue an injunction (stopping the manufacture and sale of the product by the defendant) and an order for damages. In Saudi Arabia, there are many cases where it is difficult to prove the amount of damages due to infringement, and the amount of compensation is determined by the court based on an amount deemed reasonable (e.g. lost profits, license fee equivalent, etc.). Consideration will also be given to the return of unjust profits obtained through design right infringement and punitive evaluation in cases of intentional infringement. It is also possible to issue an order to seize and destroy infringing goods and their manufacturing equipment.

  • Criminal penalties: Saudi Arabia's Patent and Design Law also provides for criminal penalties for infringement of rights. Article 34 of the Patent Act (Law Including Designs Act), which includes design rights, provides that a person who intentionally infringes a valid design right may be subject to a fine of up to 100,000 Saudi Riyals and imprisonment at the judge's discretion. Although the fines are small compared to trademarks (up to R1 million fine for trademark infringement), repeated violations can result in severe penalties. Criminal prosecution follows damage report

    This is carried out by the public prosecutor, but in practice, there are not many cases where criminal charges are immediately filed for design infringement, and civil injunctions and compensation remedies are first sought.

  • Settlement/Alternative Methods: If a settlement is reached between the parties outside of litigation, the lawsuit may be withdrawn and the dispute resolved through a settlement agreement. Mediation involvement by SAIP and the Ministry of Industry and Trade is not particularly institutionalized, but it is common for warnings and negotiations to be made by certified mail before a trial.

As mentioned above, in Saudi Arabia, design infringement is treated as a civil tort and is swiftly dealt with by specialized commercial courts. It is important for the plaintiff to prepare evidence (such as comparison of product photos) showing that the appearance of the defendant's product is substantially the same based on a valid registered design. In addition, it is also necessary to check in advance whether there are any doubts about the novelty of your design registration, keeping in mind the possibility that the defendant will claim invalidation as a litigation risk.

10. Administrative investigation (injunction system by customs etc.)

Customs border enforcement: In Saudi Arabia, theCustoms Authority (Zakat, Tax and Customs Authority, ZATCA) conducts border enforcement of intellectual property infringing products. However, the main focus is on interdicting goods that infringe on trademarks and copyrights (counterfeit brand products and pirated copies), and no system has been established specifically for goods that infringe on design rights. Rights that require technical judgment, such as designs and patents, are generally not covered because it is difficult for customs officials to visually identify them.

Currently, Saudi Customs operates a system in which trademark owners register (record) their trademarks in advance, and when they discover counterfeit branded products that are identical or similar to registered trademarks, they suspend or injunction customs clearance. As of 2023, there is no similarcustoms registration systemfor designs, so it is not possible for design rights holders to notify customs in advance of their designs and have them monitor the importation of counterfeit products. In practice, it is difficult for customs authorities to determine whether a design is infringing, and the reality is that detection of design infringing products is mainly left to market surveillance and litigation by right holders.

However, this does not mean that customs authorities do not control products that infringe on designs. For example, an extremely malicious counterfeit product (a product that completely copies the shape of a well-known brand product and also carries a trademark) will likely be detected as a product that infringes on a trademark. In addition, it is theoretically possible for a design right holder to obtain a court injunction and present it to customs to stop the importation of a specific product (customs injunction based on a court order). However, this requires active efforts on the part of rights holders and judicial procedures.

Administrative enforcement in the domestic market: In addition to customs, the Anti-Commercial Fraud Department of the Saudi Ministry of Commerce is responsible for counterfeiting in the domestic market. Again, the main target is counterfeit products of trademarks, and there is no system to control counterfeit products of designs alone. For example, even if a ``copycat'' product without a trademark is on the market, it is unclear whether the Ministry of Commerce will consider it a fraudulent product. However, from a consumer protection perspective, in cases where the imitation of a well-known product causes confusion among consumers, corrective guidance may be given as an act of unfair competition.

Future outlook: Under Vision 2030, the Saudi Customs has shown an attitude of strengthening its efforts to remove goods that infringe on intellectual property at the border, and there are plans in the future to introduce a customs clearance system similar to trademarks for patents, designs, and copyrighted works. For example, with regard to design rights, a concept is being considered to establish a rights information registration and notification system with customs, and to issue an alert to the right holder in the event of a suspicious imported product and request confirmation. However, there are many technical challenges to realizing this, and as of 2025, it has not yet materialized.

Currently, market surveillance and rights enforcement by design right holders themselves are the main focus, and it should be noted that administrative agencies such as customs are not as active as trademarks. If you discover that counterfeit design products are being distributed in Saudi Arabia, it is realistic to first file a preliminary injunction or infringement lawsuit, and request cooperation from the government (customs and police) with the judgment or order. SAIP also acts as an awareness and coordinator for intellectual property protection, but it does not have the authority to directly control the matter, and ultimately responds by coordinating with courts and customs.

11. Relationship with international applications (Hague Agreement membership, handling of international applications, etc.)

Joining the Hague Agreement: Saudi Arabia recently joined theHague Agreement, an international design registration system. The instrument of accession to the Hague Convention and the Geneva Act was deposited with WIPO on January 7, 2025, and entered into force on April 7, 2025. As a result, Saudi Arabia has become a member state (99th member state) of the Hague Agreement, making it possible to designate the country in international design applications.

Saudi Arabia has made the following declarations and notifications upon joining.

  • One design limit: Based on the domestic principle of one application, one design, international design applications that include Saudi Arabia as a designated country can only contain one independent design. If an international application containing multiple designs is filed, the Saudi authorities reserve the right to reject the extra designs. In practice, if you plan to designate Saudi Arabia, it is desirable to divide the international application by design.

  • No postponement of publication: Saudi Arabian law does not have a system for deferring the publication of designs, so even if you specify a postponement of publication (up to 30 months) in the Hague application, it will not apply in Saudi Arabia. Even if the international registration is postponed, it will become effective immediately (at the same time as international publication) in Saudi Arabia.

  • Protection period: In accordance with the protection period of domestic law, we have declared a maximum protection period of 15 years. International registration can be maintained for 15 years by renewing it twice every five years.

  • Grace period for refusal: The period for notifying international applications of refusal has been declared extended to 12 months instead of the default 6 months. This means that SAIP will only have to notify whether there is a refusal within one year of international publication. This is a measure to ensure that we can respond adequately even if the screening process becomes crowded.

  • Effect of change of name: Regarding the effect of change of name on the international registry, it is declared that in order for the change of name to take effect in Saudi Arabia, it is necessary to submit the prescribed documents directly to SAIP. In other words, even if there is a name change in the international registration, additional domestic procedures are required to change the design owner information in Saudi Arabia.

International application practices: With the participation in the Hague Agreement, foreign companies have the advantage of being able to easily designate Saudi Arabia in international applications. Previously, it was necessary to apply directly in Saudi Arabia (Paris route), which required time-consuming tasks such as Arabic translation and appointment of a local agent. From now on, for example, Japanese companies will be able to file a bulk application in Japanese or English via Hague and designate Saudi Arabia to obtain design registration. Even in the case of international registration applications, the examination on the Saudi side is basically only a formality examination, and does not appear to examine substantive aspects such as novelty. However, if the format of the submitted drawings or the unique design requirements are not met, you may receive a notice of rejection.

Saudi Arabia is also a member of the Paris Convention andWTO/TRIPS, so the system for accepting design applications from foreign countries was in place even before joining the Hague Agreement. When the Hague was not a member (until 2024), it was necessary tofile directly with the Saudi Intellectual Property Office within the Paris priority period, but after the Hague becomes a member, options have expanded. Please note that the GCC Design System, which was once envisioned in the Gulf countries, has not been realized, and design protection in Saudi Arabia will only be secured through Saudi domestic law (or via The Hague).

Efforts for international cooperation: Saudi Arabia is also active in the international harmonization of the design system, and in November 2024, it hosted the Diplomatic Conference on the WIPO Design Law Convention in Riyadh and contributed to the adoption of the treaty. Furthermore, we are increasing our contribution to international intellectual property infrastructure, such as by proposing that Arabic be added as an additional language to the Hague and Madrid Agreements. With accession to the Hague Agreement, the domestic system has been revised in line with international standards (such as the aforementioned extension of the protection period to 15 years). With the number of international applications expected to increase further in the future, SAIP is working to strengthen its system by disseminating information in English and providing international training for examiners.

Overall, As of 2025, Saudi Arabia has become a member of the international design registration system, creating an environment that is easy for Japanese companies to utilize. However, as mentioned above, there are unique points to keep in mind, such as one application per design and no postponement of publication, so when filing an international application, it is necessary to take into account the requirements for Saudi designation.

Summary: List of main points (comparison table)

Item Main points
Registration requirements Global novelty is required, and designs that violate public order and morals (Islamic law) are not allowed. There is no partial design or set design system, and there is a one-application, one-design system.
Application procedure Submit application, drawings, explanations, etc. in Arabic (translation possible within 3 months after submission in English). Online application available. A local agent is required for foreign applicants. Priority claims must be made within 6 months. Registration fee will be paid and registration will be made after notification only through formal examination. There is a 90-day opposition period after registration.
Drawing requirements Submit a drawing/photo (multiple views) showing the entire design. Color applications are accepted, and unprotected areas are shown with broken lines. No explanatory text allowed in figures. A clear image is required.
Protected Applicable to the exterior design (shape, pattern, color) of industrial products and traditional crafts. Shapes that are purely functional or works of art themselves are not eligible. Trademark-like three-dimensional objects are handled by the trademark system. There is no registration system for only partial designs.
Novelty exception Novelty will not be affected as long as it is exhibited at an official international exhibition within 6 months of publication or leaked by an unauthorized third party. There are no general exceptions for self-disclosure. Limited grace period (6 months).
Protection period 15 years from the filing date (extended in 2023 amendment). No extension system. The 10-year registration under the old law is being gradually extended to 15 years. Annual pension payment required (every year after the second year).
Reduction system Fees are reduced by approximately 50% for individual applicants (application fees, etc. are half price for individuals). There are currently no exemption measures specific to students or small and medium-sized enterprises. Electronic filing discounts are also being suggested, but details are unclear.
Power of attorney Foreign applicants are required to submit a power of attorney for their agent. Submit the original with notarization and apostille within 3 months from the application date. From 2022 onwards, consular authentication will not be required to accept apostilles. General general power of attorney available.
Infringement lawsuit From 2020, the Commercial Court (three-person panel) has exclusive jurisdiction. The plaintiff proves the existence and infringement (similarity) of the registered design. Mainly civil remedies such as injunctions and compensation for damages. In malicious cases, there are criminal penalties such as fines of up to 100,000 SAR and imprisonment.
Administrative investigation Customs' suspension of goods that infringe on intellectual property rights mainly applies to trademarks and copyrighted works, and currently does not apply to designs. Although there are plans to expand in the future, it is not yet in place. The crackdowns in the market center on counterfeit trademark products. Administrative intervention in cases such as unfair competition is limited.
Relationship with international applications Accession to the Hague Convention and Geneva Law in 2025. It is now possible to designate Saudi Arabia in international design applications. Requirement to include only a single design; publication cannot be postponed. Refusal notification period is 12 months. Protection period 15 years. Designating Saudi Arabia in international applications has become a promising option in the future.

Source/Reference:

  • Saudi Arabian Intellectual Property Authority (SAIP) official website

  • WIPO Lex: Saudi Design Laws and Regulations

  • SABA IP Middle East News “Saudi Arabia Design Law Amendment”

  • IP-Coster “Industrial Design in Saudi Arabia”

  • iPNOTE "Design Registration in Saudi Arabia"

  • Lawyerkhalid Law Office Blog “Penalties for Intellectual Property Infringement (2024)”

  • Al Tamimi Law Office “KSA Customs and Vision 2030”

  • JETRO Middle East Intellectual Property Newsletter Vol.95 “Saudi IP Protection Enforcement”
    (Others, WIPO/SAIP presentation materials, local law firm website, etc.)

Takefumi SUGIURA, Patent Attorney

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　Managing Patent Attorney

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).