Knowledge Pack — IP Law in MENA

Knowledge Pack — IP Law in MENA

Regional Treaties and WIPO Membership

• Lebanon is not a Madrid Protocol member — national trademark filings required.
• GCC Patent Office in Riyadh covers all six GCC states; valid patent applies across GCC.

---

Trademarks

Saudi Arabia — SAIP

Saudi Authority for Intellectual Property (SAIP) established 2017 consolidates trademark, patent, and copyright:

• Well-known marks: SAIP recognizes well-known marks and may refuse registration of similar marks even in different classes.
• Fees: include registration, examination, and renewal fees in SAR.
• Unofficial agents widely used; SAIP-registered practitioners recommended.

UAE — MOEC

Ministry of Economy (MOEC) administers trademarks federally:

• Federal Decree-Law 36/2021 on Trademarks (replacing earlier law).
• Online filing via MOEC portal; e-services streamlined.
• Term: 10 years, renewable.
• Madrid Protocol: UAE member since 2021.
• Both MOEC national filing and Madrid international designation for UAE available.
• Opposition: 30 days from publication in Official Gazette.
• Free-zone marks: MOEC registration covers all UAE including DIFC/ADGM; DIFC/ADGM do not have separate trademark registries.

Lebanon — MOET

Ministry of Economy and Trade (MOET) IP Office handles trademarks:

• Old trademark law (1924-era) with amendments.
• Term: 15 years from registration, renewable.
• No Madrid Protocol — national filing only; must file separately from GCC/international portfolios.
• Notarized Power of Attorney (POA) required for foreign applicants.
• Opposition: 30 days from publication.
• Enforcement historically weaker; improving with international trade pressure.

Egypt — Egyptian Patent and Trademark Office

• Governed by Intellectual Property Law No. 82/2002.
• Madrid Protocol member — international designation available.
• Term: 10 years from registration, renewable.
• Arabic translation required for non-Arabic marks.
• Opposition: available within statutory period after publication.
• Enforcement: improving; TRIPS obligations.

GCC Trademark Framework

• The 2014 GCC Unified Trademark Law harmonized substantive rules across GCC.
• However, national registrations still required in each GCC state — there is no single "GCC trademark registration" that covers all states simultaneously.
• Madrid Protocol designations are available for individual GCC states (KSA, UAE, Bahrain, Oman) — not yet for Kuwait and Qatar via Madrid.

---

Patents

Saudi Arabia — SAIP

• Excluded subject matter: plant/animal varieties, biological processes, mathematical methods, presentations of information, cosmetic/surgical treatments (varies).
• SAIP actively examining AI/software patents; no blanket software exclusion.

UAE — MOEC

• Federal Decree-Law 11/2021 on Industrial Property.
• Term: 20 years from filing.
• Substantive examination required.
• PCT national phase.

GCC Patent Office

• Single regional application covers all six GCC states.
• Application filed in Riyadh; examination by GCC Patent Office.
• On grant: valid in all GCC members.
• Advantage: one application, six jurisdictions — significant cost and time saving.
• Used by major multinationals with GCC-wide product launches.

Lebanon

• Patent Law 240/2000.
• Term: 20 years.
• Examination less rigorous than GCC/Europe.
• PCT national phase.

Egypt

• Law 82/2002 (IP Law).
• Term: 20 years.
• PCT national phase.

---

Copyright

Key Points

• Registration not required for copyright to subsist — automatic on creation of an original work.
• Registration voluntary but useful for enforcement (creates rebuttable presumption of ownership).
• Software: protected as a literary work in all jurisdictions.
• AI-generated works: no jurisdiction in MENA has expressly addressed AI-generated copyright; default position is that a human author must be identifiable.
• Moral rights: non-waivable rights of attribution and integrity (stronger in civil-law jurisdictions LB, EG; also present in KSA and UAE).

---

Trade Secrets

Key elements for trade-secret protection in MENA:

• Information must be secret (not publicly known).
• Information must have commercial value because it is secret.
• Reasonable steps to maintain secrecy must be taken (NDAs, access controls, etc.).

Always pair trade-secret protection with:

• NDAs with employees (see [[draft-nda-mutual]])
• IP assignment clauses in employment contracts
• Confidentiality provisions in commercial contracts

---

Enforcement Options

Civil

• Injunctive relief (urgent procedures / summary court orders) to stop ongoing infringement.
• Damages (actual damages + loss of profit; moral damages available).
• Destruction of infringing goods.
• Courts: national IP courts in KSA (SAIP Courts), UAE Civil Courts, DIFC/ADGM Courts for commercial IP disputes.

Criminal

• Counterfeiting and piracy are criminal offenses in KSA and UAE — active enforcement.
• Criminal fines + imprisonment + confiscation.
• IP crimes units in UAE (DED Trademark protection + MOI).
• KSA: SAIP IP enforcement unit; coordination with Customs.

Customs / Border Measures

• All MENA jurisdictions (TRIPS signatories) permit customs recordal of IP rights.
• Rights holder registers mark/patent with customs; customs can detain suspected counterfeit shipments.
• KSA Customs + UAE Federal Customs Authority: both have recordal programs.
• Effective for stopping fake goods entering via MENA ports.

Online / Digital

• MENA platforms (Noon, Amazon.ae, Souq.com): IP infringement takedown programs available.
• WIPO UDRP: domain dispute resolution for .com and gTLDs — available to all MENA rights holders.
• Country-code domains (.sa, .ae, .lb): SAIP and Telecommunications Regulatory Authority domain dispute mechanisms.

---

Practical Filing Strategy for MENA Portfolio

---

Drafting Notes

Caveats & Currency

IP laws in MENA have been significantly updated in recent years (UAE 2021, KSA SAIP 2017+). WIPO and Madrid Protocol member status changes periodically. Verify current SAIP and MOEC examination guidelines; substantive examination practices evolve. Enforcement quality varies significantly by jurisdiction and specific enforcement team. Use [[kb-ip-wipo]] for WIPO treaty and international filing system details.

Related Skills

• [[kb-ip-wipo]]
• [[kb-fintech-licensing-difc]]
• [[kb-fintech-licensing-cma-ksa]]
• [[kb-employment-law-uae]]
• [[draft-ip-assignment]]
• [[draft-ip-licensing]]