Article 12 of the Saudi Geographical Indications Law
المادة 12 من نظام حماية المؤشرات الجغرافية · الفصل الثاني: تسجيل المؤشر الجغرافي
Registration gives the applicant no exclusive right; all producers in the region may use the indication on a product meeting the usage guide, and amendment of the guide may be requested.
Official text (Arabic)
This article has not been amended since the law was issued.
1- لا يترتب على تسجيل المؤشر الجغرافي أي حق استئثاري لمقدم طلب التسجيل، ويجوز لجميع المنتجين الذين يباشرون نشاطهم في المنطقة الجغرافية المحددة في دليل الاستعمال؛ استعماله على المنتج الذي يستوفي جميع عناصر وبيانات دليل الاستعمال.
2- يجوز طلب تعديل عناصر أو بيانات دليل الاستعمال، وذلك وفقًا للإجراءات التي تحددها اللائحة.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 12 explained in plain English
This article answers an important practical question: who owns the right to use the geographical indication after it is registered?
First: no exclusive right
Registration gives no exclusive right to the applicant. The person who submitted the application does not become an owner of the indication entitled to keep others from it, because the indication is tied to the geographical region and its product, not to a particular person.
Second: who may use it
All producers who carry on their activity in the geographical region specified in the usage guide may use the indication, provided it is on a product that meets all the elements and data of the usage guide.
The right is therefore subject to two conditions together: the producer must operate within the specified region, and his product must meet everything in the guide. It is not enough for the product to come from the region if it does not conform to the guide.
Third: amending the guide
Amendment of the elements or data of the usage guide may be requested in accordance with the procedures set by the Regulations.
It is followed by Article 13, which sets the registration period at ten years from the date the approval is published, with the possibility of renewal.
Practical example
An association of producers in an agricultural region registered a geographical indication for its product. A farmer in the same region who is not a member of the association wants to use the indication on his product. He may do so as long as he carries on his activity in the region specified in the guide and his product meets all of its elements, because registration does not give the association an exclusive right.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
How we write and review contentCommercial & Corporate Law lawyers: ask a specialist about your case
Describe your situation briefly and we'll suggest a lawyer who specialises in this law
Commercial & Corporate Law lawyers
Lawyers who handle this kind of case
Ibrahim Al Salem Law Firm
Active contributor
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Frequently asked questions about Article 12 of the Saudi Geographical Indications Law
Does the person who registered a geographical indication have an exclusive right to it?
No. Registration gives the applicant no exclusive right.
Who may use the geographical indication?
All producers who carry on their activity in the region specified in the usage guide, on a product that meets all the elements and data of the guide.
Can the usage guide be amended after registration?
Yes. Amendment of its elements or data may be requested in accordance with the procedures set by the Regulations.
More articles on Use and Duration of Protection
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.