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Intellectual Property Prosecution Body in the Kingdom of Saudi Arabia: A Revolution in Judicial Structure and Innovation Enhancement 

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Al Madani & Co. Law Firm & Legal Consultants

Intellectual Property Prosecution Body in the Kingdom of Saudi Arabia: A Revolution in Judicial Structure and Innovation Enhancement

In the continuous effort of the Kingdom of Saudi Arabia towards enhancing the protection of intellectual property rights and supporting innovation and creativity, the General Prosecution Council, under the leadership of His Excellency the Attorney General Sheikh Saud bin Abdullah Al Muajab, has approved the establishment of the “Intellectual Property Prosecution”. This comes within the framework of implementing the initiative of His Highness Crown Prince Mohammed bin Salman, “The National Intellectual Property Strategy”, which aims to achieve a society based on respect for creative efforts.

The establishment of a specialized prosecution for intellectual property is aligned with the strategy as it aims to provide an exceptional environment for the development of judicial services in the field of intellectual property and to establish an integrated system that promotes innovation and the economy. The strategy includes achieving a society that respects creative efforts by establishing national regulations and standards for the protection of intellectual property rights, along with an effective system for compensation and advanced mediation for dispute resolution. Moreover, the concept of a prosecution dedicated to intellectual property issues is consistent with the Kingdom’s Vision 2030, where intellectual property is one of its key goals.

On the other hand, this new prosecution aligns with the ongoing process of modernization and development of the judicial system and the public prosecution, within the Kingdom’s efforts towards achieving effective justice. Through the new prosecution, emphasis is placed on integration with the public prosecution in managing legal matters related to intellectual property and its associated criminal proceedings.

This article briefly outlines the significance of establishing Intellectual Property Prosecution, its expected impact on the judicial structure of intellectual property, as well as the desired objectives behind its establishment, and how it enhances legal protection for intellectual rights in society.

I. Jurisdiction of the Intellectual Property Prosecution

Intellectual Property Prosecution is a Judicial entity tasked with protecting intellectual property rights in society. This prosecution handles a wide range of jurisdictions, aiming to enhance and organize innovation and creativity in society while achieving a balance between innovators’ rights and the public interest. The new prosecution specializes in initiating criminal proceedings related to intellectual property rights.

In this context, one of the most important functions of the prosecution is conducting necessary investigations into violations of intellectual property rights prescribed in the trademark system, copyright protection system, patents and integrated circuit layout designs, plant varieties, and industrial models. Thus, the prosecution deals with cases referred by regulatory authorities such as the Saudi Authority for Intellectual Property and others.

II. Impact of Establishing the Intellectual Property Prosecution on the Judicial Structure of Intellectual Property

One of the main objectives of establishing a specialized prosecution in the field of intellectual property is to create a distinguished and efficient environment for delivering judicial services to the Kingdom, which is expected to result in:

– Improving and enhancing the effectiveness of public prosecution investigations in intellectual property cases, as investigations will be conducted through specialized departments and prosecutions in the field of intellectual property rights.
– Accelerating the pace of resolving cases related to intellectual property rights violations. Specialized prosecutions in the field of intellectual property are characterized by having judges and public prosecutors with extensive experience in this field, making them more capable of understanding and resolving intellectual property-related issues faster.
– Increasing the number of cases investigated related to intellectual property rights violations, as Intellectual Property Prosecution provides easy mechanisms for reporting intellectual property rights violations, encouraging rights holders to report any infringements they encounter. Additionally, specialized prosecution helps raise public awareness about the importance of intellectual property.

III. Objectives of Establishing the Intellectual Property Prosecution

Considering the importance of innovation and creativity in economic and cultural development, the Intellectual Property Prosecution seeks to enhance the legal and legislative climate suitable for intellectual property, provide legal protection for innovators and creators, and encourage investment in innovation, research, and development. In this context, the establishment of intellectual property aims to:

– Enhance the protection of intellectual property rights in the KSA. This indicates the government’s commitment to effectively enforcing intellectual property laws, deterring infringement, and providing remedies for rights holders. Secondly, having a dedicated mechanism for judicial prosecution ensures more efficient handling of intellectual property-related issues, reducing backlog and delays in legal proceedings. Thirdly, it enhances the legal framework surrounding intellectual property and provides clearer guidelines and procedures for registration, enforcement, and dispute resolution.

– Attract foreign investments and enhance the business environment: The Intellectual Property Prosecution provides guarantees to foreign investors by protecting their innovations from unauthorized use, thereby enhancing confidence, and encouraging more investments. This protection also fosters innovation and encourages both local and foreign companies to engage in research and development, granting companies owning intellectual property a competitive advantage that attracts foreign investors. Moreover, it contributes to revenue generation through intellectual property licensing, facilitates technology transfer, stimulates economic growth, and creates job opportunities, thus providing a favorable legal environment that attracts foreign investment.

– Stimulate creativity, and innovation, and support creators and innovators: The Intellectual Property Prosecution stimulates innovation by providing creators and innovators with assurances that their efforts will be rewarded and protected. This prosecution leads to increased confidence among rights holders in the judiciary’s ability to protect their rights. Consequently, it encourages both local and foreign companies to invest in research and development, leading to the creation of new products, technologies, and processes.

– Raise awareness about the importance of intellectual property in society: Through active judicial prosecution of intellectual property infringement cases, intellectual property trials demonstrate the seriousness with which intellectual property rights are treated. This sends a clear message to individuals and companies about the importance of respecting intellectual property laws.

IV. Internationally Comparable Systems

Establishing the Saudi Intellectual Property Prosecution Office represents a bold step towards enhancing the protection of innovation and creativity within the Kingdom, aiming to align the domestic legal framework with international standards. It is widely recognized that similar intellectual property prosecution offices exist globally, though they vary in terms of nomenclature and organizational structures.
For example, when compared to its counterpart in the UAE, both prosecution offices share the primary objective of fostering an attractive environment for investment and innovation, while providing the necessary legal protection for intellectual property rights. However, the detailed procedures and organizational structures differ between the two systems, reflecting the unique characteristics of each and the development of their respective local legislations. Despite these differences, both systems strive to harmonize with relevant international agreements, such as the Paris Convention for the Protection of Industrial Property, which contributes to promoting international cooperation in the field of intellectual property protection.

In conclusion, the establishment of Intellectual Property Prosecution represents an effective step towards enhancing legal protection for intellectual rights in the Kingdom of Saudi Arabia and fostering a conducive environment for innovation and creativity. The jurisdictions of this prosecution include a wide range of tasks aimed at organizing and protecting innovation and creativity, thereby contributing to raising awareness of the importance of intellectual property and attracting foreign investments. It is expected that the establishment of this prosecution will positively impact the judicial structure of intellectual property, enhance investigations, expedite the resolution of related issues, and contribute to building a knowledge economy and investing in innovation, research, and development in the Kingdom.